M. Chandunhi Nair vs Secretary
2024 Latest Caselaw 28413 Ker

Kerala High Court

M. Chandunhi Nair vs Secretary on 25 September, 2024

OP(C) No.2125/2024                       1/3

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
           Wednesday, the 25th day of September 2024 / 3rd Aswina, 1946
                              OP(C) NO. 2125 OF 2024
   EP 66/2022 IN ARC 947/2021 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL
                                 COURT, KASARAGOD
   PETITIONER(S)/1ST RESPONDENT/1ST JUDGMENT DEBTOR:

          M.CHANDUNHI NAIR, AGED 75 YEARS, S/O. NARAYANAN NAIR, BARA VAYAL
          VEEDU, UDUMA VILLAGE, BARE POST, HOSDURG TALUK, KASARAGOD DISTRICT.,
          PIN - 671319

   RESPONDENT(S)/PETITIONER/DECREE HOLDER/2ND RESPONDENT/2ND JUDGMENT DEBTOR:

      1. SECRETARY MAHATHMAJI HOUSING CO-OPERATIVE SOCIETY LIMITED NO.C835,
         MULIYAR, KASARAGOD, PIN - 671542
      2. DEEPAK, AGED 39 YEARS S/O. M. CHANDUNHI NAIR, BARA VAYAL VEEDU,
         UDUMA VILLAGE, BARE POST, HOSDURG TALUK, KASARAGOD DISTRICT, PIN -
         671 319


          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 pursuance to Exhibits P6 & P7, pending disposal of
   the above Original Petition.


          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.A.DINESH RAO & YOHAAN KAITHARA XAVIER Advocates for the petitioners,
   the court passed the following:

                                       ORDER

Admit.

Issue notice to the respondents by speed post. Notice may also be served through the counsel appearing for the respondents in EP 66/2022 in ARC 947/2021 before the Sub Court, Kasaragod.

There will be an interim order as prayed for on condition that the petitioner deposits an amount of Rs.3,00,000/- (Rupees three lakhs only) within a period of one month. On depositing the amount as directed above, the respondents will be free to file an application before the Execution Court to withdraw the same.

Post on 28-10-2024

Sd/- VIJU ABRAHAM JUDGE

25-09-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 2125/2024 Exhibit P6 A TRUE COPY OF THE ORDER DATED 17TH AUGUST, 2024 IN E.P.NO.66 OF 2022 IN A.R.C.NO.947 OF 2021 ON THE FILE OF THE SUB ORDINATE JUDGE, KASARAGOD Exhibit p 7 A TRUE COPY OF THE ORDER DATED 17TH AUGUST, 2024 IN E.P.NO.66 OF 2022 IN A.R.C.NO.947 OF 2021 ON THE FILE OF THE SUB ORDINATE JUDGE, KASARAGOD