T.P.Sasidharan vs Lt. Col. (Retd) G.Devarajan
2021 Latest Caselaw 13953 Ker

RFA No.169/2020                                1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                        THE HONOURABLE MRS. JUSTICE MARY JOSEPH
                  TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                           IA.NO.3/2020 IN RFA NO. 169 OF 2020
                   OS 108/2011 OF PRINCIPAL SUB COURT,KOCHI, ERNAKULAM

  PETITIONER/APPELLANT:

      1. T.P.SASIDHARAN, S/O.PADMANABHAN, HOUSE NO.11 /(10) 304,

          THANIKAPARAMBIL HOUSE, OCHANTHURUTHU, VYPIN, ERNAKULAM,PIN-682 508

          (DIED) *

      2. SWAPNA P, W/O LATE T P SASIDHARAN, AGED 49 YEARS, HOUSEWIFE,

          THANIKAPARAMBIL HOUSE, OCHANTHURUTH, VYPIN, ERNAKULAM , PIN 682508.

      3. GOKUL DAS T S, S/O LATE T P SASIDHARAN, AGED 22 YEARS, BUSINESS,

          THANIKAPARAMBIL HOUSE, OCHANTHURUTH, VYPIN, ERNAKULAM , PIN 682508.

      4. URUSULU T S, D/O LATE T P SASIDHARAN, AGED 20 YEARS, THANIKAPARAMBIL

          HOUSE, OCHANTHURUTH, VYPIN, ERNAKULAM , PIN 682508.


    *ADDITIONAL PETITIONERS/APPELLANTS 2 TO 4 ARE IMPLEADED AS THE LEGAL

    HEIRS OF DECEASED SOLE PETITIONERS/APPELLANTS VIDE ORDER DATED 13/01/2021

    IN IA NO 1/2021 IN C.M. APPLICATION 2/2020.


  RESPONDENT/RESPONDENT:

      1. LT. COL. (RETD) G.DEVARAJAN S/O.LATE V.GOVINDAN, MANGALATH HOUSE,

          AYIRAKKAVU, KUMBANADU, PATHANAMTHITTA,PIN-689 547

         Application praying that in the circumstances stated in the affidavit

         filed therewith the High Court be pleased to stay all further
         proceedings in execution of the judgment and decree dt. 30.03.2019 in

         O.S. No. 108/2011 of the Hon'ble Subordinate Judge's Court, Kochi,

         till the final disposal of this appeal and may be pleased to pass

         orders accordingly.

         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   SRI.   M.P.RAMNATH,   SRI.P.RAJESH   (KOTTAKKAL),

         SRI.K.J.SEBASTIAN, SEI.VARGHESE VARGHESE, SMT.S.SANDHYA, SRI.BEPIN

         PAUL, SRI.SHALU VARGHESE, SRI.S.DEEPAK, & SRI.ANTONY THARIAN,

         Advocates for the petitioners and of M/S SRI.A.SUDHI VASUDEVAN (SR.),
 RFA No.169/2020                                 2/2


         SRI.JOSE JONES JOSEPH, & SMT.SHILPA SATHISH Advocates for the

         respondent, the court passed the following:


                                           ORDER

There shall be stay against execution of the decree and judgment under challenge till next posting date. Security was not ordered to be furnished, on the basis of the submission of the learned counsel for the petitioner that order attaching the immovable property is continuing, Both counsel shall verify whether the property under attachment has already been disposed of or encumbered by the defendants/ appellant, as submitted by the counsel for the defendant.

post after two months.

Sd/-

MARY JOSEPH

JUDGE

06-07-2021 /True Copy/ Assistant Registrar