OP(C) NO. 693 OF 2025 1 2025:KER:25521 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 OP(C) NO. 693 OF 2025 AGAINST THE ORDER/JUDGMENT DATED IN FDIA NO.1617 OF 2017 OF MUNSIFF COURT, KALPETTA PETITIONER/ 1ST JUDTMENT DEBTOR/RESPONDENT 10 IN FDIA 1617/2017 : INDIRADEVI AGED 67 YEARS W/O.KANDAZHAYATH KARUNAKARAN PILLA SANTHIPURI ESTATE,THINAPURAM, MEPPADI POST WAYANAD, PIN - 673577 BY ADV C.LEENA RESPONDENT/ DECREE HOLDER AND 2ND & 3RD JUDGMENT DEBTORS/1ST PETITIONER AND RESPONDENTS 11 & 12 IN FDIA 1617/2017 : 1 YEMENI MADHAVAN @ YEMINI R. SHETTIGAR AGED 55 YEARS D/O.KANDAZHAYATH MADHAVAN PILLAI SAUBHAGYA- 76, BADAGABETTU,BAILOOR, UDUPI ,KARNATAKA STATE, PIN - 576101 2 AJITHKUMAR, AGED 51 YEARS S/O.KANDAZHAYATH KARUNAKARAN PILLA SANTHIPURI ESTATE,THINAPURAM MEPPADI POST,WAYANAD DISTRICT, PIN - 673577 3 UNNIMOL @ K.VIJI, AGED 46 YEARS D/O.KANDAZHAYATH KARUNAKARAN PILLA SANTHIPURI OP(C) NO. 693 OF 2025 2 2025:KER:25521 ESTATE,THINAPURAM,MEPPADI POST 673577, WAYANAD DISTRICT.PRESENTLY RESIDING AT THATTATTU HOUSE, NEAR NGO QUARTERS, SOUTH BAZAR, KANNUR, KANNUR DISTRICT, PIN - 670002 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 693 OF 2025 3 2025:KER:25521 JUDGMENT The petitioner is the judgment debtor in FDIA No.1617/2017 on the files of the Munsiff Court, Kalpetta. The suit is filed for partition. The suit was decreed and final decree application was filed. Against the final decree, petitioners and respondents 2 and 3 filed A.S.No.25/2023 before the sub court. Along with the appeal, a stay petition was also filed seeking stay of final final decree. A conditonal order of stay was passed IN I.A.No.2/2023. The petitioner complied with the condition. The sub Court dismissed I.A.No.2/2023 on the ground that the computer print of deposit advice does not contain any endorsement of the bank. The petitioner therefore, filed review petition as I.A.No.11/2024 with a petition to condone delay as I.A.No.12/2025. 2. The Registry was directed to call for a report regarding the present status of I.A.No.11/2025 in A.S.No.25/2023 and a report is received stating that the applications filed by the petitioners were posted for counter and hearing to 21.03.2025. 3. The learned counsel for the petitioner submits that in the meanwhile, the final decree proceedings are taken forward and Amin was deputed to effect delivery. She prays that till the review petition is heard and disposed of, all proceedings in E.P.No.70/2023 may be stayed. OP(C) NO. 693 OF 2025 4 2025:KER:25521 In view of the limited relief I am proposing to pass notice to the respondent is dispensed with. Having regard to the submissions made by the learned counsel for the petitioner and also taking not of the report, I dispose of this original petition directing the Sub Court, Sultan Bathery, to take up I.A.No.12/2024 and I.A.No.11/2025, and after hearing both sides, shall dispose of the same within a period of three months, from the date of receipt of a certified copy of this judgment. Till such time, delivery of property pursuant to the order in final decree shall stand stayed. sd/ BASANT BALAJI JUDGE jm/ OP(C) NO. 693 OF 2025 5 2025:KER:25521 APPENDIX OF OP(C) 693/2025 PETITIONER EXHIBITS Exhibit P1 A PHOTOCOPY OF ORDER DATED 31.1.2023 PASSED IN FDIA 1617/2017 BY MUNSIFF COURT KALPETTA Exhibit P 2 TRUE COPY OF APPLICATION IN EP 70/2023 ON THE FILE OF MUNSIFF COURT KALPETTA , SERVED ON PETITIONER HEREIN Exhibit P3 THE TRUE COPY OF AFFIDAVIT AND PETITION IN IA 7/2023 IN FDIA 1617/2017 BY MUNSIFF COURT KALPETTA Exhibit P4 TRUE COPY OF MEMORANDUM OF APPEAL IN AS 25/2023 ON THE FILE OF SUB COURT SULTAN BATHERY Exhibit P5 PHOTO COPY OF STAY ORDER DATED 4.11.2023 IN IA 2/2023IN AS 25/2023 OF SUB COURT SULTAN BATHERY Exhibit P6 PHOTO COPY OF ORDER DATED 12.1.2024 IN IA 2/2023 IN AS 25/2023 ON THE FILE OF SUB COURT SULTAN BATHERY Exhibit P7 TRUE COPY OF REVIEW PETITION NO. 11/2025 IN AS 25/2023 ON THE FILE OF SUB COURT SULTAN BATHERY.