Shemeer vs Ali
2024 Latest Caselaw 30459 Ker

Kerala High Court

Shemeer vs Ali on 25 October, 2024

OP(C) No.2398/2024                            1/2

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
             Friday, the 25th day of October 2024 / 3rd Karthika, 1946
                               OP(C) NO. 2398 OF 2024
      IA 3/2021 IN POP 256/2021 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
   PETITIONER/PETITIONER/PETITIONER/APPELLANT/JUDGMENT DEBTOR NO.1/DEFENDANT
   NO.1:

          SHEMEER AGED 44 YEARS S/O MUHAMMADUNNI, MALIYEKKAL HOUSE VADUTHALA
          DESOM, ANJOOR .P.O THALAPPILLY TALUK. THRISSUR DISTRICT, PIN -
          680523

   RESPONDENTS/RESPONDENTS/RESPONDENTS/RESPONDENTS/DECREE HOLDER AND JUDGMENT
   DEBTOR NO.2/PLAINTIFF AND DEFENDANT NO.2:

      1. ALI, AGED 56 YEARS, S/O KUNJUMON PANIKKAVEETIL HOUSE, THIRUVATHRA
         P.O ,MANATHALA, CHAVAKKAD TALUK, THRISSUR DISTRICT-, PIN - 680506
      2. BUSHAINA, AGED 41 YEARS D/O BEERAVUNNI, MALIYEKKAL HIOUSE VADUTHALA
         DESOM ANJUR VILLAGE THALAPPILLY TALUK THRISSUR DISTRICT NOW RESIDING
         AT C/O VIJAYALAKSMI ,MANGALATH HOUSE LABAKADVU P.O, NIRMALA COLLEGE
         JUNCTION, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN - 686661

        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.29 of 2021 in OS No.62/2016 on the files
   of the Sub Court- Chavakkad pending disposal of the above 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.K.M.MUHAMMED HUSSAIN, Advocate for the petitioner, the court passed
   the following:
                                      ORDER

Admit.

Issue notice to the respondents by speed post. The learned counsel for the petitioner submits that the money decree passed by the Trial Court is already secured by attachment passed on the execution side. In view of the said submission, the condition to deposit 20% of the Principal amount in Ext.P13 is stayed for a period of one month.

Post on 22.11.2024.

Sd/- M.A.ABDUL HAKHIM JUDGE

25-10-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 2398/2024 Exhibit P13 THE TRUE COPY OF THE ORDER IN I.A.NO 3 OF 2021 ON THE FILE OF COURT OF PRINCIPAL DISTRICT JUDGE, THRISSUR DATED 27-09-2024