Santhamma vs Rossamma Umman Mathew
2021 Latest Caselaw 6490 Ker

IA/1/2021 IN RSA 93/2021                1/2

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

       Tuesday,the 23rd day of February 2021/4th Phalguna, 1942
                           IA/1/2021 IN RSA.93/2021 (C)
AS No.3/2016 of the SUB COURT,KATTAPPANA

    For information purpose only
OS No.243/2012 of the MUNSIFF COURT, PEERMADE
PETITIONERS/APPELLANTS:
      SANTHAMMA,AGED 62 YEARS,
      W/O. SUNDARESHAN NAIR, RESIDING AT PALAZHY HOUSE,
      SREEKRISHNAPURAM, KATTAKKADA P.O, PERUNKULAM VILLAGE,
      NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT 695 572.
RESPONDENT/RESPONDENT:
      ROSSAMMA UMMAN MATHEW,W/O.THOMAS MATHEW, AGED 56 YEARS,
      THURUTHUMALIL HOUSE, KIDANGARA KARA, VELINADU VILLAGE,
      KUTTANADU TALUK- 689 590, REP BY HER POWER OF ATTORNEY
      THOMAS CHACKO, AGED 75 YEARS, S/O. LATE THOMAS,
      IDAKKATTU HOUSE, NJALLAMATTAM P.O,
      KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT 686 542

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an
order staying the operation and execution of judgment and
decree dated 12.10.2020 in AS.No.3 of 2016 of the Subordinate
Judge's Court, Kattappana arising from judgment and decree
dated 30.11.2015 in OS.No.243 of 2012 of the Munsiff Court,
Peermade pending disposal of the Regular Second Appeal, in the
interest of justice.


     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    GEORGE     MATHEW,
PRAVEEN.S,C.K.VIDYASAGAR,JOMON.K.CHACKO,                  Advocates   for   the
petitioner and of M/S. PHILIP T.VARGHESE, THOMAS T.VARGHESE,
Advocates for the respondent, the court passed the following:
                                    O R D E R

Heard the learned counsel for the petitioner/appellant IA/1/2021 IN RSA 93/2021 2/2

and the respondent/respondent.

The learned counsel for the respondent submits that the respondent has no intention to alienate the property or commit waste as apprehended in the affidavit filed in support of the application under Order XLI Rule 5 of the CPC.

Considering the submission made, both the petitioner/appellant and the respondent/respondent are directed to maintain status quo as on today until the RSA is For information purpose only decided on merits.

IA is disposed of accordingly.

23-02-2021 Sd/-

N.ANIL KUMAR,JUDGE

/true copy/ Sd/-

ASSISTANT REGISTRAR