Kerala High Court
Thomas Kurian vs Souda Kassim on 7 July, 2022
RSA No.1196/2017 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS.JUSTICE M.R.ANITHA
Thursday, the 7th day of July 2022 / 16th Ashadha, 1944
IA.NO.1/2017 (IA.3218/2017)IN RSA NO. 1196 OF 2017
AS 130/2014 OF THE II ADDITIONAL DISTRICT COURT (SPECIAL), KOTTAYAM
OS 88/2003 OF ADDITIONAL MUNSIFF COURT ,KOTTAYAM
PETITIONER/APPELLANT:
THOMAS KURIAN, AGED 69 YEARS, SON OF KURIAN, RESIDING AT KINATTUMOOTTIL HOUSE,
CHENGALAM VILLAGE, CHENGALAM SOUTH P.O., KOTTAYAM TALUK, KOTTAYAM DISTRICT.
RESPONDENTS/RESPONDENTS:
1. SMT.SOUDA KASSIM, AGED ABOUT 67 YEARS, WIFE OF KASSIM RAWTHER, RESIDING AT
KOCHUPARAMBIL, KUMMANAM KARA, THIRUVARPU VILLAGE, NOW RESIDING AT BLISS VILLAS,
EDATHINAKAM, CHENGALAM VILLAGE, CHENGALAM SOUTH P.O., KOTTAYAM TALUK,
KOTTAYAM DISTRICT.
2. SRI.MUHAMMED BASHEER, AGED ABOUT 41 YEARS, SON OF KASSIM RAWTHER, RESIDING AT
KOCHUPARAMBIL, KUMMANAM KARA, THIRUVARPU VILLAGE, NOW RESIDING AT BLISS VILLAS,
EDATHINAKAM, CHENGALAM VILLAGE, CHENGALAM SOUTH P.O., KOTTAYAM TALUK,
KOTTAYAM DISTRICT.
3. SRI.KASSIM SHIBI, AGED ABOUT 39 YEARS, SON OF KASSIM RAWTHER, RESIDING AT
KOCHUPARAMBIL, KUMMANAM KARA, THIRUVARPU VILLAGE, NOW RESIDING AT BLISS VILLAS,
EDATHINAKAM, CHENGALAM VILLAGE, CHENGALAM SOUTH P.O., KOTTAYAM TALUK,
KOTTAYAM DISTRICT.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay the judgment and decree in AS.No.130/2014 of the District Court, Kottayam
and the judgment and decree in OS.No.88/2003 of the Munsiff Court, Kottayam, till the disposal of
the Regular Second Appeal.
This Application again coming on for orders upon perusing the application and the affidavit
filed in support thereof and this Court's order dated 08.04.2022 and upon hearing the arguments of
SRI.JOHN JOSEPH VETTIKAD, SRI.C.JOSEPH JOHNY, Advocates for the petitioner and of SRI.T.MADHU
(CAVEATOR), Advocate for respondent 3, the court passed the following:
ORDER
Post on 14.07.2022.
The interim order already granted is extended till then.
Sd/-M.R.ANITHA,JUDGE .
07-07-2022 /True Copy/ Assistant Registrar