Stuart John vs Sathyamoorthy

Type Court Judgment Court Kerala Decided Mar 18, 2024

~2 min read

https://sooperkanoon.com/case/1315630

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1315630
Court: Kerala High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Mar 18, 2024
Case Number: OP(C)/647/2024

Parties & Advocates

Appellant / Petitioner

Stuart John

Respondent

Sathyamoorthy

Excerpt

.....in the e.p.: 1 sathyamoorthy 2 vimala 3 vatsala r.harikrishnan (h-308) v.suresh(k282/1989) g.sudheer(k/000467/1992) smrithi s.s.(k/1674/2018) this op (civil) having come up for admission on 18.03.2024, the court on the same day delivered the following: ..2..j u d g m e n tdated this the 18th day of march, 2024 learned counsel for the petitioner would submit that, carbon copy of the order in the impugned execution application has already been issued pursuant to the interim directions issued by this court dated 12.03.2024. counsel, in such circumstances, seeks a breathing time to challenge the said order and prays that the e.p. be kept pending, until a challenge is raised from the impugned order.2. to that course, learned counsel for the respondents has no objection.3. in the circumstances, the petitioner is granted two weeks time to challenge the impugnedorder appropriately, as per law, during whichtime, the execution proceedings shall be kept in abeyance. ..3.. the original petition will stand disposed of, as above. sd/- c. jayachandran judge tr ..4.. appendix of op(c) 647/2024 petitioner exhibits exhibit p1 a true copy of the execution petition no 24 of 2015 dated 20.01.2015 exhibit p2 a true copy of the claim petition filedby the petitioner dated 30.01.2016 in e.p no 24 of 2015 on the files of munsiff court, neyyattinkara exhibit p3 a true copy of the objections filed by the respondents dated 18.03.2016 in e.p exhibit p4 a true copy of the case status from e- courts website dated 02.03.2024 in e.p exhibit p5 a true copy of the case status from e- courts website dated 07.03.2024 in e.p

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 18TH DAY OF MARCH 2024 / 28TH PHALGUNA, 1945 OP(C) NO. 647 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.157 OF 2013 OF I ADDITIONAL MUNSIFF COURT ,NEYYATTINKARA PETITIONER/CLAIM PETITIONER IN THE E.P: STUART JOHN AGED 70 YEARS S/O RAJAYYAN RESIDING AT UDAYA BHAVAN OTTASHEKHARAMANGALAM P O CHEMBUR, KEEZHAROOR KATTAKADA, THIRUVANANTHAPURAM, PIN - 695125 S.KRISHNA GOVIND R. ADI NARAYANAN RESPONDENTS/DECREE HOLDERS IN THE E.P.: 1 SATHYAMOORTHY 2 VIMALA 3 VATSALA R.HARIKRISHNAN (H-308) V.SURESH(K282/1989) G.SUDHEER(K/000467/1992) SMRITHI S.S.(K/1674/2018) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

J U D G M E N T

Dated this the 18th day of March, 2024 Learned counsel for the petitioner would submit that, carbon copy of the order in the impugned execution application has already been issued pursuant to the interim directions issued by this Court dated 12.03.2024. Counsel, in such circumstances, seeks a breathing time to challenge the said order and prays that the E.P. be kept pending, until a challenge is raised from the impugned order.

2. To that course, learned counsel for the respondents has no objection.

3. In the circumstances, the petitioner is granted two weeks time to challenge the impugned

order appropriately, as per law, during which

time, the execution proceedings shall be kept in abeyance. ..3.. The Original Petition will stand disposed of, as above. Sd/- C. JAYACHANDRAN JUDGE TR ..4.. APPENDIX OF OP(C) 647/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE EXECUTION PETITION NO 24 OF 2015 DATED 20.01.2015 Exhibit P2 A TRUE COPY OF THE CLAIM PETITION FILED

BY THE PETITIONER DATED 30.01.2016 IN E.P NO 24 OF 2015 ON THE FILES OF MUNSIFF COURT, NEYYATTINKARA Exhibit P3 A TRUE COPY OF THE OBJECTIONS FILED BY THE RESPONDENTS DATED 18.03.2016 IN E.P Exhibit P4 A TRUE COPY OF THE CASE STATUS FROM E- COURTS WEBSITE DATED 02.03.2024 IN E.P Exhibit P5 A TRUE COPY OF THE CASE STATUS FROM E- COURTS WEBSITE DATED 07.03.2024 IN E.P

Same Court & Year Kerala · 2024 Same Parties Stuart John vs Sathyamoorthy Same Judge Honourable Mr.Justice C. Jayachandran