Kerala High Court
Raveendran vs Lalitha on 25 August, 2021
OP(C) No.963/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Wednesday, the 25th day of August 2021 / 3rd Bhadra, 1943
OP(C) NO. 963 OF 2021
IA No.1/2020& IA No.3/2021 in AS 86/2020 OF ADDITIONAL DISTRICT COURT- IV,
KOLLAM.
PETITIONER:
RAVEENDRAN AGED 51 YEARS S/O.SIVADASAN, NEZHICHERRY THODIYIL,
THEKKECHERRY, KANJAVELI P.O., THRIKKARUVA VILLAGE, KOLLAM TALUK.
RESPONDENTS:
1. LALITHA AGED 75 YEARS D/O.BHARATHI, PUTHENPURAYIL, VANMALA, THEKKE
CHERRY, KANJAVELI P.O., THRIKARUVA VILLAGE, KOLLAM TALUK - 691 602.
2. GIRISH KUMAR @ ASOKAN AGED 53 YEARS S/O.GOPALAKRISHNAN,
PUTHENPURAYIL, VANMALA, THEKKECHERRY, KANJAVELI P.O., THRIKKARUVA
VILLAGE, KOLLAM TALUK - 691 602.
3. GANESH KUMAR AGED 45 YEARS S/O.GOPALAKRISHNAN, PUTHENPURAYIL,
VANMALA, THEKKE CHERRY, KANJAVELI P.O., THRIKKARUVA VILLAGE, KOLLAM
TALUK - 691 602.
4. GEETHA BAI AGED 55 YEARS D/2O.GOPALAKRISHNAN, PUTHENPURAYIL ,
VANMALA, THEKKE CHERRY, KANJAVELI P.O., THRIKKARUVA VILLAGE, KOLLAM
TALUK - 691 602.
OP (Civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
Exhibit P3 the impugned order dated 14-12-2020 of Additional District
Court- IV, Kollam till the disposal of the original petition (civil)
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
Sri. H.VISHNUDAS Advocate for the petitioners, the court passed the
following:
[PTO]
OP(C) No.963/2021 2/4
ExhibitP3-Certified copy of the order dated 14/12/2020 in IA
No.1/2020 in AS No.86/2020
OP(C) No.963/2021 3/4
V.G.ARUN, J.
=======================
OP(C)No.963 of 2021
---------------------------
Dated this the 25th day of August,2021
ORDER
The petitioner is aggrieved by the interim order in
A.S.No.86 of 2020 of the Additional District Court-IV,
Kollam, whereby the court has stayed the operation of the
trial court's judgment and the decree, in purported
exercise of the power under Order 41 Rule 5 of CPC. The
specific contention of the petitioner is that Rule 5 of Order
41 CPC does not empower the appellate court to stay the
operation of the judgment and decree and the appellate
court can only stay the execution of the decree, that too for
sufficient cause. It is pointed out that the petitioner has
filed the I.A.No.3 of 2021 seeking review of the order on
the specific ground mentioned above. Learned counsel
submits that after hearing the I.A., the court has posted the
application along with the appeal.
OP(C) No.963/2021 4/4
OP(C)No.963 of 2021
2. I find prima facie merit in the contentions put
forth. At any rate, the petitioner having moved an
interlocutory application raising a legal ground, the court
should pass orders thereon. Hence, there shall be an interim
order directing the Additional District Court - IV, Kollam to
take up I.A.No.3 of 2021 in A.S.No.86 of 2020 on the next
posting date and to pass orders thereon within one week.
Post on 07.09.2021.
Sd/-
V.G.ARUN
JUDGE
SCS
25-08-2021 /True Copy/ Assistant Registrar
