Mary Johny vs V K Santha
2024 Latest Caselaw 14703 Ker

Kerala High Court

Mary Johny vs V K Santha on 31 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

OP(C) No.1161/2024                                 1/1

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                           PRESENT
                         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
                     Friday, the 31st day of May 2024 / 10th Jyaishta, 1946

                                    OP(C) NO. 1161 OF 2024

 EP NO.314/2017 IN OS NO.259/2015 OF THE ASSISTANT SESSIONS COURT/ADDITIONAL SUB
                                 COURT, THRISSUR

   PETITIONER/2ND JUDGMENT DEBTOR/2ND DEFENDANT:

          MARY JOHNY, AGED 82 YEARS, W/O JOHNY, RESIDING IN THE ADDRESS
          PALIYUR HOUSE, MULANKUNNATHUKAVU P O, THRISSUR DISTRICT,
          PINCODE-680581

   RESPONDENT/DECREE HOLDER/PLAINTIFF:

          V K SANTHA, AGED 78 YEARS, W/O GOVINDHANKUTTY, THIRUVONAM HOUSE,
          KOCHERY ROAD, MULANKUNNATHUKAVU P O, AMMANKUZHI (VIA) , THRISSUR
          DISTRICT, PIN - 680581

        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
   all further proceedings in EP No.314 of 17 in OS No.259 of 2015 on the
   file of the 1st Addl. Sub Court, Thrissur, pending consideration of the
   above original petition, in the interest of justice.
        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
   SRI.G.SREEKUMAR (CHELUR), Advocate for the petitioner, the court passed
   the following:
                                      ORDER

Admit.

Issue notice to the respondent by special messenger. Petitioner shall also serve notice to the counsel appearing for the respondent in the trial court.

Post on 27.6.2024.

The sale of the property shall be stayed till then, on condition that the petitioner shall remit an amount of Rs.5,00,000/- (Rupees five lakhs only) towards the decree debt within 10 days.

Sd/- DR. KAUSER EDAPPAGATH JUDGE

31-05-2024 /True Copy/ Assistant Registrar