Citation : 2024 Latest Caselaw 33332 Ker
Judgement Date : 15 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 15th day of November 2024 / 24th Karthika, 1946
OP(C) NO. 2609 OF 2024
EP 1350/2020 IN OS 5017/2015 OF PRINCIPAL MUNSIFF COURT ,IRINJALAKUDA, THRISSUR
PETITIONER/JUDGMENT DEBTOR NO.2/2ND DEFENDANT:
PARAMESWARAN AGED 52 YEARS S/O RAMAN, VETTIYADAN HOUSE,
VARANDARAPPILLY VILLAGE, THEKKUMURI DESOM, CHALAKUDY TALUK, THRISSUR
DISTRICT, PIN - 680302
RESPONDENT/DECREE HOLDER/PLAINTIFF & JUDGMENT DEBTOR NO.1,3,4/DEFENDANTS
NO.1,3,4:
1. KURILAND PRIVET LIMITED KURILAND TOWER, MARAR ROAD, THRISSUR
VILLAGE, THRISSUR TALUK, THRISSUR: REPRESENTED BY ITS MANAGING
DIRECTOR: E.A JONEY, PIN - 680001
2. KAVYA PARAMESWARAN D/O.PARAMESWARAN, VETTIYADAN HOUSE,
VARANDARAPPILLY VILLAGE, THEKKUMURI DESOM, CHALAKUDY TALUK, THRISSUR
DISTRICT. , PIN - 680302
3. MEBIL PARAMESWARAN W/O. PARAMESWARAN, VETTIYADAN HOUSE,
VARANDARAPPILLY VILLAGE, THEKKUMURI DESOM, CHALAKUDY TALUK, THRISSUR
DISTRICT., PIN - 680302
4. RAMAKRISHNAN S/O.KARAPPAKKUTTY, KALLAYIL, CHERUVATHANI VILLAGE,
CHERUVATHANI DESOM, THALAPPILLY TAKUK, THRISUR DISTRICT., PIN -
680523
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.1350/2020 in TMC O.S No.5017/2015 on the
file of Munsiff Court, Irinjalakuda, pending final disposal of this
Original Petition Civil.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
SRI.RAJESH CHAKYAT, Advocate for the petitioner, the court passed the
following:
VIJU ABRAHAM, J.
.................................................................
O.P (C) No.2609 of 2024
.................................................................
Dated this the 15th day of November, 2024
ORDER
It is seen that the property was put to sale and the auction was
confirmed in the name of the 1st respondent and now the case is posted for
delivery.
2. Learned counsel for the petitioner submits that the petitioner is
prepared to pay the amount due in instalments and if notice is issued to
the 1st respondent, there is a chance of settlement. Hence issue notice to
the 1st respondent by speed post. Notice may also be issued to the 1 st
respondent through the counsel appearing for the 1 st respondent in
E.P.No.1350 of 2020 in O.S.No.5017 of 2015 on the file of the Principal
Munsiff Court, Irinjalakuda.
There will be an interim order as prayed for, for a period of one
month on condition that the petitioner shall pay an amount of Rs.75,000/-
(Rupees seventyfive thousand only) before the execution court within a
period of three weeks from today.
Post on 12.12.2024.
Sd/-
VIJU ABRAHAM JUDGE
cks
15-11-2024 /True Copy/ Assistant Registrar
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