A.S. No. 38/2013 Of The Sub Court vs Ibrahimkutty
2021 Latest Caselaw 11776 Ker

RSA 369/2021                            1/4




                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    Present:
                    THE HONOURABLE MR. JUSTICE N. ANIL KUMAR

               Friday,the 9th day of April 2021/19th Chaithra, 1943



            For information        purpose only
                   IA/1/2021 IN RSA/369/2021 (B)


A.S. No. 38/2013 of the SUB COURT, OTTAPPALAM
O.S. No. 160/2008 of the MUNSIFF MAGISTRATE COURT, PATTAMBI


APPLICANT / APPELLANT:


       IBRAHIMKUTTY, AGED 47 YEARS,
       S/O. KODAKKANCHERI ABDULLA MUSALIAR, PATTITHARA AMSOM, ALUR
       DESOM, PATTITHARA POST, PATTAMBI TALUK, PALAKKAD DISTRICT,
       PIN - 679 534.


RESPONDENTS / RESPONDENTS:


       1.      MUHAMMED, AGED 74 YEARS,
       S/O. THADATHIL SAIDALI, MALA AMSOM AND POST, KAKKATTIRI
       DESOM, OTTAPALAM TALUK 679 534, REPRESENTED BY GUARDIAN
       UMMUSALMA, AGED 65 YEARS, W/O. MUHAMMED, THADATHIL VEEDU,
       MALA AMSOM AND POST, KAKKATTIRI DESOM NOW IN PATTAMBI TALUK,
       PALAKKAD DIST - 679 534.


       2.      MUJEEB, AGED 45 YEARS,
       S/O. THATTATHAZHATH MOIDUNNI, PATTITHARA AMSOM AND POST, ALUR
       DESOM, OTTAPALAM TALUK, PALAKKAD DIST - 679 534.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the
 RSA 369/2021                   2/4

operation and execution of the judgment and decree passed in
OS.No. 160/2008 of the Munsiff Magistrate Court, Pattambi as
confirmed in the judgment and decree passed in AS.No. 38/2013 of
Sub Court, Ottapalam and to pass an ad interim order to that
effect till the disposal of the above appeal.



           For information purpose only
     This application coming on for orders upon perusing the
application and the affidavit filed in support thereof, and upon
hearing the arguments of M/S R. SREEHARI & P. B. KRISHNAN,
Advocates for the petitioner, the court passed the following:
                      N. ANIL KUMAR, J.
             -------------------------------------------
                    R.S.A.No.369 of 2021
            ---------------------------------------------
           Dated this the 9th day of April, 2021
     For information purpose only
                                 ORDER

Heard the learned counsel for the appellant.

2. This RSA is admitted on the following

substantial questions of law.

(i) When the 2nd plaintiff is admittedly suffering

from bipolar mood disorder and is being

represented by the 1st plaintiff as his next

friend, is it not obligatory on the part of the

Trial Court to conduct an enquiry as

contemplated under Order 32 Rule 15 of the

Code of Civil Procedure before accepting the

plaint?

(ii) In the absence of a prayer for recovery of

possession, the relief of perpetual injunction

and further relief under Section 34 of the

Specific Relief Act in respect of Ext. A1

document is maintainable?

(iii) Is the interpretation placed by the first RSA369/ 2021

..2..

Appellate Court on Section 12 of the Evidence

For Act isinformation purpose only legally maintainable?

Issue notice.

I.A.No.1/2021

Heard the learned counsel for the

petitioner/appellant.

The operation and execution of the judgment and

decree in O.S.No.160/2008 of the Munsiff Court, Pattambi

as confirmed in the judgment and decree passed in

A.S.No.38 of 2013 on the file of the Sub Court, Ottapalam

stands stayed for a period of three months.

Sd/-

N. ANIL KUMAR, JUDGE kkj

/true copy/ Sd/- ASSISTANT REGISTRAR