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2022 Supreme(Online)(KER) 39652

HIGH COURT OF KERALA
C.S. DIAS, J
MAKKOLIL MOLY – Appellant
Versus
KATTAKKAYATHIL JOSEPH – Respondent


Advocates:
M.B.SHYNI, R.RAJESH KUMAR, V.R.ANILKUMAR, RAMEES, P.K.ERFANA PARAMBADAN, SUBITHA SUBRAMANIYAN, NIRMAL V NAIR, ARATHI PRABHAKARAN

J U D G M E N T

The original petition is filed, to stay all further proceedings in E.P.No.53/2021 of the Court of the Munsiff, Mananthavady, till the disposal of CMA No.10/2021 by the Court of the Subordinate Judge, Sulthan Bathery.

2. Pursuant to the orders passed by this Court on 24.06.2022, the learned Subordinate Judge, Sulthan Bathery, by communication dated 08.07.2022, has informed this Court that CMA No.10/2021 has been filed challenging the order in I.A.No.837/2018 of the Court of the Munsiff, Mananthavady. Along with this appeal, the appellant has filed I.A.Nos.3 & 4/2021 to condone the delay of 677 days in filing the appeal and to stay the execution of the impugned decree. The respondents have entered appearance and filed their counter statement to the above applications. I.A.No.3/2021, the application to condone the delay, is posted for enquiry to 12.07.2022. As the learned Subordinate Judge was afflicted with corona virus, he could not dispose of the applications as expected. Nonetheless, he seeks two months’ time to dispose of the above applications.

3. Heard; Sri.M.B. Shyni, the learned counsel for the petitioners and Sri. Nirmal V. Nair, the learned counsel appearing f

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