Abdul Nazir C vs The Karassery Service Co-Operative ...
2024 Latest Caselaw 13863 Ker

Kerala High Court

Abdul Nazir C vs The Karassery Service Co-Operative ... on 28 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.1125/2024                        1/3

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
              Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
                              OP(C) NO. 1125 OF 2024
    EP 245/2021 OF ASSISTANT SESSIONS COURT/I ADDITIONAL SUB COURT, KOZHIKODE
   PETITIONER/JUDGMENT DEBTOR:

          ABDUL NAZIR C, AGED 54 YEARS, S/O ABDURAHIMAN, CHEMBRA HOUSE,
          PARAPPANPOLI, THAMARASSERY, PIN - 673573

   RESPONDENT/DECREE HOLDER:

          THE KARASSERY SERVICE CO-OPERATIVE BANK LTD NO.D 2628, REPRESENTED
          BY GENERAL MANAGER, KARASSERY, MUKKAM P.O, THAZHEKODE AMSAM
          DESOM,KOZHIKODE, PIN - 673602

        Op (civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to stay
   the entire further proceedings including Ext.P3 in EP 245/2021 on the file
   of 1st Adll. sub court, Kozhikode, pending the disposal of the OP(C).
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   M/S.S.MOHAMMED AL RAFI & THAJUNA MARIA FRANCIS, Advocates for the
   petitioner and of Sri. AJITH KRISHNAN Advocate for the respondent, the
   court passed the following:



                                                                       (P.T.O)
 OP(C) No.1125/2024                                 2/3




                               DR. KAUSER EDAPPAGATH, J.
                     ------------------------------------------------------------
                                   O.P.(C) No.1125 of 2024
                      -----------------------------------------------------------
                           Dated this the 28th day of May, 2024


                                            ORDER

The respondent enters appearance. The learned counsel

for the petitioner submits that the petitioner is prepared to

settle the matter and discharge the decree debt. The counsel

further submitted that towards the decree debt, Rs.4,00,000/-

(Rupees four lakh only) has been paid today. In the

circumstances, the sale of the property scheduled tomorrow

shall be deferred for a period of one month, on condition that

the petitioner shall pay a further sum of Rs.11,00,000/-

(Rupees eleven lakh only), within a period of three weeks.

Post on 21.06.2024.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR

28-05-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 1125/2024 Exhibit P3 TRUE COPY OF THE PROCLAMATION OF SALE ISSUED IN A.R.C NO.599/2014 IN E.P NO. 245/2021 DATED 09/04/2023 BY THE 1ST ADDL. SUB COURT, KOZHIKODE

28-05-2024 /True Copy/ Assistant Registrar