Kerala High Court
Roy Varghese vs James Varghese on 2 November, 2024
OP(C) No.2476/2024 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Saturday, the 2nd day of November 2024 / 11th Karthika, 1946
OP(C) NO. 2476 OF 2024
EA 223/2024 IN OS 98/2014 OF MUNSIFF COURT, PATHANAMTHITTA
PETITIONERS/JUDGMENT DEBTOR/DEFENDANT NO.1:
ROY VARGHESE AGED 54 YEARS S/O. LATE M.V. VARGHESE, THADATHIL
BUILDING, C/O. THADATHIL TRAINING CENTRE, KIDANGANNUR MURI,
KIDANGANNUR P.O., KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK, NOW
RESIDING AT MADHURAMPARAMPIL HOUSE, KIDANGANNUR MURI, KIDANGANNUR
P.O., KIDANGANNUR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA
DISTRICT, PIN - 683572
RESPONDENT/DECREEHOLDER/PLAINTIFF:
JAMES VARGHESE AGED 43 YEARS LATE M.V. VARGHESE, MADHURAMPARAMPIL
HOUSE, KIDANGANNUR MURI AND P.O., KIDANGANNUR VILLAGE, KOZHENCHERRY
TALUK, PLAINTIFF. REP. BY HIS POWER OF ATTORNEY HOLDER C.G.JOY, AGED
67 YEARS, S/O. LATE GEORGE, CHARUVILA KIZHAKKETHIL, ANGADICKAL NORTH
P.O., ANGADICKAL VADAKKU MURI, ANGADICKAL VILLAGE, ADOOR TALUK,
PATHANAMTHITTA DISTRICT., PIN - 689648
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.49/2024 in OS No.98/2014 before the
Munsiff Court, Pathanamthitta, pending final disposal of this original
petition (civil).
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.S.ABHILASH VISHNU, Advocate for the petitioner, the court passed the
following:
OP(C) No.2476/2024 2/3
VIJU ABRAHAM, J.
.................................................................
O.P (C) No.2476 of 2024
.................................................................
Dated this the 2nd day of November, 2024
ORDER
Admit. Issue notice to the respondent by speed post. Notice may also
be served on the respondent through the counsel appearing for the
respondent in E.P.No.49 of 2024 before the Munsiff's Court, Pathanamthitta.
2. Petitioner submits that the two suits were tried together wherein
O.S.No.98 of 2014 was decreed exparte and the suit filed by the petitioner as
O.S.No.445 of 2013 was dismissed for default. Petitioner further submits that
to set aside the exparte order the petitioner has preferred Ext.P6 application
and to restore O.S.No.445 of 2013 petitioner has preferred Ext.P7 application
and when these applications are pending consideration, the execution court is
proceeding with the execution proceedings. In the said circumstances the
petitioner has approached this Court.
In view of the above, there will be an interim order as prayed for, for a
period of one month.
Post on 29.11.2024.
Sd/-
VIJU ABRAHAM
JUDGE
cks
02-11-2024 /True Copy/ Assistant Registrar
APPENDIX OF OP(C) 2476/2024
Exhibit - P6 TRUE COPY OF R.P. NO. 84/24 IN O.S NO. 98/2014 DATED
25.10.2024 PETITION TO SET ASIDE EXPARTE ORDER FILED
BEFORE THE MUNISFF COURT, PATHANAMTHITTA,
Exhibit - P7 TRUE COPY OF R.P. NO. 85/24 IN O.S NO. 445/2013 DATED
25.10.2024 PETITION TO RESTORE THE SUIT
02-11-2024 /True Copy/ Assistant Registrar
