Sambath Bai vs Jayalakshmi

CRP No.202/2022                              1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                           THE HONOURABLE MR.JUSTICE C.S.DIAS
                  Friday, the 24th day of June 2022 / 3rd Ashadha, 1944

                          IA.NO.1/2022 IN CRP NO. 202 OF 2022

              OS 498/2010 OF THE ADDITIONAL SUBORDINATE JUDGE, PALAKKAD.

                   CMA 81/2019 OF ADDL.DISTRICT COURT-III, PALAKKAD

   PETITIONERS/ REVISION PETITIONER/ APPELLANTS/ PETITIONERS/ DEFENDANTS 2, 4, 5,
   7 TO 11:

      1. SAMBATH BAI, AGED 75 YEARS, W/O LATE MANICKARAJ, ARUNDHATHIYAR
         THERUVU, KUNNANNUR AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN -
         678 702
      2. RAMESHKUMAR, AGED 47 YEARS, S/O LATE MANICKARAJ, ARUNDHATHIYAR
         THERUVU, KUNNANNUR AMSOM, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN
         -678 702.
      3. BINDU BAI, AGED 43 YEARS, W/O UDHAYAN, ADAKKATHU BAIL, NEAR CASHEW
         NUT FACTORY, KASARKODE, PIN-671 121
      4. SUNITHABAI, AGED 45 YEARS, W/O NANDAKUMAR, NEAR KRISHAN RICE MILL,
         ARUNTHATHIYAR STREET, DHARAPURAM, PIN - 638 656.
      5. JANAKI, W/O LATE JAYARAM, AGED 85 YEARS, SOWHARDHA RESIDENTIAL
         ASSOCIATION, NO. 10, 2/816, KALARI ROAD, EDAKKAD, KOZHIKODE, PIN 673
         005
      6. SHAKEELA, AGED 60 YEARS, W/O RAMAKRISHNAN, SOWHARDHA RESIDENTIAL
         ASSOCIATION, NO. 10, 2/816, KALARI ROAD, EDAKKAD, KOZHIKODE, PIN-
         673 005
      7. ANIL, AGED 58 YEARS, S/O JAYARAM, SOWHARDHA RESIDENTIAL
         ASSOCIATION, NO. 10, 2/816, KALARI ROAD, EDAKKAD, KOZHIKODE, PIN
         -673 005
      8. ANANDKUMAR (BABU), AGED 55 YEARS, S/O JAYARAM, SOWHARDHA
         RESIDENTIAL ASSOCIATION, NO. 10, 2/816, KALARI ROAD, EDAKKAD,
         KOZHIKODE, PIN-673 005.
      9. JALAJA, AGED 52 YEARS, D/O JAYARAM, 1/875, 1 BLOCK, 17TH MAIN ROAD,
         ANNA NAGAR, CHENNAI, PIN - 600 040.

    (APPELLANTS 6 TO 9 ARE REPRESENTED BY POWER OF ATTORNEY HOLDER, SAMBAT
    BAI- 1ST REVISION PETITIONER) (AS SHOWN IN THE IMPUGNED JUDGMENT)

   RESPONDENTS/ RESPONDENTS/ RESPONDENTS/ PLAINTIFFS/ DEFENDANTS 1 AND 3:

      1. JAYALAKSHMI, AGED 57 YEARS, W/O SUBRAMANIAN, A-9/1, TOWNSHIP MCL,
         WALAYAR DAM POST, PALAKKAD DISTRICT, PIN-678 624.
      2. RAJASEKHARAN, AGED 60 YEARS, S/O MURUGAYYAN, C.P.COLONY,
         IRANJIPALAM, NADAKKAVU, KOZHIKODE, PIN-673 011
      3. SUBRAMANIAN, AGED 58 YEARS, S/O SUBBAYAN, AYYAPPAN NAGAR, AVADI,
         CHENNAI, PIN-600 054
 CRP No.202/2022                             2/2




      4. DINESHKUMAR, AGED 49 YEARS, S/O LATE MANICKARAJ,
         ARUNDHUTHIYARTHERUVU, KUNNANNUR AMSOM, PALAKKAD TALUK, PALAKKAD
         DISTRICT, PIN -678 702
      5. ANBU V,   S/O VEERAMUTHU, LB 216, 1ST BLOCK, HUDCO COLONY,
         GANAPATHYMA NAGAR, GANAPATHY POST, COIMBATORE, TAMIL NADU, PIN -641
         001
      6. YESODHA, W/O SREENIVASAN, LB 216, 1ST BLOCK, HUDCO COLONY,
         GANAPATHYMA NAGAR, GANAPATHY POST, COIMBATORE, TAMIL NADU, PIN-641
         006
      7. SREENA, AGED 42 YEARS, W/O LATE GOPINATH, LB 216, 1ST BLOCK, HUDCO
         COLONY, GANAPATHYMA NAGGANAPATHY POST, COIMBATORE, TAMIL NADU, PIN-
         641 006.
      8. KAILASNATH, AGED 14 YEARS, S/O LATE GOPINATH (MINOR), HUDCO COLONY,
         GANAPATHYMA NAGAR, GANAPATHY POST, COIMBATORE, TAMIL NADU, PIN- 641
         006. (MINOR REPRESENTED BY MOTHER/GUARDIAN- RESPONDENT NO. 7).
      9. JAYANTHI, D/O. LATE VENKITESH, JAYANTHI BHAVANAM, LAZER NAGER,
         AAVADI, CHENNAI-600 054.
     10. MEENAKUMARI, D/O. LATE VENKITESH, JAYANTHI BHAVANAM, LAZER NAGER,
         AAVADI, CHENNAI-600 054.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay all further
   proceedings pursuant to passing of decree in O.S No. 498/2010 on the files
   of the Additional Subordinate Judge, Palakkad, pending disposal of the
   above Civil Revision Petition.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of Sri. RAJESH SIVARAMANKUTTY, Advocate for the petitioners, the court
   passed the following:

                                     O R D E R

On a consideration of the averments in the affidavit in support of the application, perusing the impugned order and hearing the respective counsel appearing for the parties, I am satisfied that the petitioners are entitled for an interim relief. Hence, I stay all further proceedings in O.S 498/2010 of the court of the Additional Subordinate Judge, Palakkad, for a period of one month.

Sd/- C.S.DIAS, JUDGE 24-06-2022 /True Copy/ Assistant Registrar