Kerala High Court
For Information Purpose Only vs Baby Kuruvila on 22 February, 2021
IA/1/2021 IN RSA 852/2017 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Monday,the 22nd day of February 2021/3rd Phalguna, 1942
IA/1/2021 IN RSA 852/2017 (B)
For information purpose only
AS No.195/2011 of the ADDITIONAL DISTRICT COURT II
(SPECIAL),KOTTAYAM
OS No.209/2009 of the SUB COURT, PALA
PETITIONERS/RESPONDENTS 1,2 AND 5 IN THE RSA
1. BABY KURUVILA, AGED 68 YEARS
S/O KURUVILA MATHAI, THEKKETHOTTIYIL
HOUSE,KURAVILANGADU.P.O, 686633 ,THOTTUVA BHAGAM,
KURAVILANGADU KARA,KURAVILANGADU VILLAGE, MEENACHIL
TALUK,KOTAYAM DISTRICT.MOB 9495842298.
2. ELAMMA LUKOSE
W/O LUKOSE, ARREKKUZHUPPIL HOUSE,PARAMBARAM KARA,
KAPPUMTHALA, P.O.MUTTUKARA VILLAGE,VAIKOM TALUK, KOTTAYAM
DISTRICT.PIN 686613.
3. JOHNY
S/O PAILY, THAZHATHUCHETTANIYAL HOUSE,MUTHOLAPURAM KARA,
ELAANJI VILLAGE,MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.
686673.
RESPONDENTS/APPELLANTS AND RESPONDENTS IN THE RSA
1. MERCY JOSE,AGED 57,
W/O JOSE T.K, THEKKETHOTTIYIL HOUSE,(VARAKUKALAYIL)
KURAVILANGADU P.O- 686633 THOTTUVA BHAGAM, KURUVILANGADU
KARA,KURAVILANGADU VILLAGE, MEENACHIL TALUK,KOTTAYAM
DISTRICT.
2. FEBIN.M.JOSE
AGED 27, S/O JOSE T.K, THEKKETHOTTIYIL HOUSE,
(VARAKUKALAYIL),KURAVIALANGADU P.O-686633 THOTTUVA BHAGAM,
KURUVILANGADU KARA,KURAVILANGADU VILLAGE, MEENACHIL
TALUK,KOTTAYAM DISTRICT.
3. FELIX.M.JOSE
AGED 24,S/O JOSE.T.K, THEKKETHOTTIYIL HOUSE,
(VARAKUKALAYIL),KURAVILANGADU.P.O-68633,THOTTUVA BHAGAM,
KURUVILANGADU KARA,KURAVILANGADU VILLAGE, MEENACHIL
TALUK,KOTTAYAM DISTRICT.
IA/1/2021 IN RSA 852/2017 2/3
4. GRACY
W/O SEVERIOUS VARKEY,KURUPPUMTHARA HOUSE, PALAPRACHIRA
BHAGAM KARA,EDAKUNNAM VILLAGE, KANJIRAPPALY TALUK.
PIN 686512.
5. ELSY MATHEW
W/O MATHEW JOCOB,VITHUVETTICKAL VEETTIL, KURINJI
KARA,PURAPUZHA VILLAGE, THODUPUZHA TALUK,IDUKKI DISTRICT.
685584.
For information
Application purpose
praying that in the circumstancesonly
stated in the
affidavit filed therewith the High Court be pleased to vacate
the stay in RSA No.852/2017 pending disposal of the above RSA.
This application/petition coming on for orders upon
perusing the application and the affidavit filed in support
thereof, and upon hearing the arguments of JOHNSON MATHEW
MANAYANI AND JEEVAN MATHEW MANAYANI, Advocates for the
petitioners and of M/S PHILIP T.VARGHESE and THOMAS
KACHIRAMATTAM, Advocates for the respondents 1 to 3 and SUNIL
CYRIAC and DONA AUGUSTINE Advocates for respondent 4, the
court passed the following:
O R D E R
As per the judgment and decree, there is a decree
preventing the 4th defendant from committing any waste in the
plaint schedule property. On 06.04.2018, in IA NO. 2332/2017,
this Court stayed passing of final decree alone in OS.No.
209/2009 of the Sub Court,Pala.
The appellants in the present RSA are the legal
representatives of the deceased 4th defendant in the suit. In
the affidavit filed in support of this application, the 1st
respondent in the RSA would swear that the appellants, who are
R1 to R3 in this application, are attempting to commit waste
in the property under the guise of the stay order issued by
this Court.
It is admitted in the Bar that during the proceedings, a
commission was taken out and the commissioner filed a report
and plan before the trial court.
IA/1/2021 IN RSA 852/2017 3/3
Having taken into consideration the facts and
circumstances of the case,both the petitioners/respondents
1,2and5 and respondents/appellants and respondents 3 and 4 in
the RSA are directed to maintain status quo as reported by the
commissioner before the trial court until further orders,
without prejudice to take appropriate steps to get the
commission report challenged in accordance with law before the
trial court.
For information purpose only
22-02-2021
Sd/-
N.ANIL KUMAR,JUDGE
/true copy/
Sd/-
ASSISTANT REGISTRAR
