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High Court of KeralaOP(C)/1203/2015disposed of

P.A. Sebastian v. K.M. Stephen

2015-06-29Honourable Mr. Justice B.Kemal Pasha3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 OP(C).No. 1203 of 2015 (O) --------------------------- IA NO. 592/2015 IN OS.NO. 344/2014 OF MUNSIFF'S COURT, THODUPUZHA DATED 10.4.2015 --------------- PETITIONER/PETITIONER/DEFENDANT :

----------------------------------------------------------- P.A. SEBASTIAN, AGED 66 YEARS S/O. AUGUSTY, RESIDING AT PUTHEYEDATH HOUSE THODUPUZHA KARA, THODUPUZHA VILLAGE, THODUPUZHA TALUK IDUKKI DISTRICT, PINCODE - 685 554.

BY ADV. SRI.PEEYUS A. KOTTAM RESPONDENT/RESPONDENT/PLAINTIFF :

------------------------------------------------------------- K.M. STEPHEN, AGED ABOUT 63 YEARS S/O. MATHAI, RESIDING AT KUNNAMKUZAKAL HOUSE, KOLAIA, THODUPUZHA VILLAGE, IDUKKI DISTRICT PINCODE- 685 554.

BY ADV. SRI.G.SREEKUMAR (CHELUR) THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

OP(C).No. 1203 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXT. P1 - TRUE COPY OF THE SUIT DT. 20.10.14 FILED BY THE RESPONDENT AS OS NO. 344/2014 BEFORE MUNSIFF COURT, THODUPUZHA. EXT. P2 - TRUE COPY OF THE ALLEGED COMPROMISE DT. 29.10.14 FILED BEFORE THE MUNSIFF COURT, THODUPUZHA.

EXT. P3 - TRUE COPY OF THE IA NO. 445/2015 IN OS NO. 344/14 DT. 16.3.14 FILED BY THE PETITIONER.

EXT. P4 - TRUE COPY FO THE IA NO. 592/15 IN IA NO. 444/15 IN OS NO. 344/14 DT. 06.4.15 FILED BY THE PETITIONER SEEKING STAY OF OPERATION OF THE COMPROMISE DECREE AND JUDGMENT.

EXT. P5 - TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT TO IA NO. 592/15 IN IA NO. 445/15 IN OS NO. 344/14 DT. 07.4.15.

EXT. P6 - THE TRUE COPY OF THE COMMON ORDER PASSED BY THE LEARNED MUNSIFFS DT. 10.4.15 IN IA NO. 592/15 IN OS NO. 344/14, IA NO. 592/15 IN OS NO. 344/14, IA NO. 433/15 IN OS NO. 97/15 AND IA NO. 581/15 IN OS NO. 97/15 DT. 10.4.15.

RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1203 of 2015 ````````````````````````````````````````````````````````````` Dated this the 29th day of June, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioner and learned counsel for the respondent.

2.

The court below is directed to dispose of Ext.P2 IA, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. The operation of the compromise decree dated 29.10.2014 will stand stayed for one month.

O.P.(Civil) is disposed of as above.

Sd/- (B.KEMAL PASHA, JUDGE) aks/29/06 // True Copy // PA to Judge