Joseph v. Johny
Case brief
What is this about?
The High Court dismissed the petition challenging an impugned order that stayed execution of a decreed possession with a security condition. The court found no illegality in the order and extended the time to furnish security until 30-08-2018.
What did the court decide?
Time for furnishing security extended till 30.08.2018; original petition dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
OP(C).No. 1634 of 2017
I.A. 4468 OF 2016 IN AS. 177 OF 2016 BEFORE ADDITIONAL DISTRICT COURT,
IRINJALAKUDA.
PETITIONER:
JOSEPH, AGED 57, S/O.ANTHONY, VEMBLIYATH HOUSE, POTTA DESOM, POTTA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT
BY ADV.SRI.N.L.BITTO
RESPONDENT/PLAINTIFF:
1. JOHNY, AGED 66, S/O.OUSEPH, VELIYAN HOUSE, DHANYA NAGAR DESOM, POTTA VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT
Issues for consideration
2 issues framed by the court
Whether the order granting stay of execution conditional on furnishing security is legal under Order XLI Rule 5 of CPC.
Whether time for furnishing security under the conditional stay order should be extended.
Parties & counsel
- petitioner
Joseph
- respondent
Johnny
- respondent
Alphonsa
Coram
Case details
As recorded by the court registry
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