Kerala High Court
Sujith S vs Pradeep Kumar on 23 July, 2021
RFA No.271/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Friday, the 23rd day of July 2021 / 1st Sravana, 1943
I.A.NO.1/2021 IN RFA NO. 271 OF 2020
OS 6/2019 OF PRINCIPAL SUB COURT,ATTINGAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS:
1. PRADEEP , AGED 47 YEARS S/O.PURUSHOTHAMAN,DHANYA
NIVAS,CHIRAYINKEEZHU DESOM,CHIRAYINKEEZHU VILLAGE,
THIRUVANANTHAPURAM-695304
2. DHANYA, AGED 35 YEARS,W/O. PRADEEP KUMAR ,DHANYA
NIVAS,CHIRAYINKEEZHU DESOM,CHIRAYINKEEZHU VILLAGE,
THIRUVANANTHAPURAM-695304
3. DHANESH, AGED 30 YEARS,S/O.SUSHEELAN ,DHANYA NIVAS,CHIRAYINKEEZHU
DESOM,CHIRAYINKEEZHU VILLAGE, THIRUVANANTHAPURAM-695304
RESPONDENT/APPELLANT:
SUJITH. S, AGED 41 YEARS S/O. SUDHEVAN, S.S.BHAVAN,CHIRAYINKEEZHU
DESOM, CHIRAYINKEEZHU VILLAGE, THIRUVANATHAPURAM-695304,REPRESENTED
BY HIS POWER OF ATTORNEY HOLDER DHANUSREE V.DEVARAJ,
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to permit the
petitioners/respondents to remit the amount due to the
respondent/appellant on the basis of the decree and judgment of the Sub
Court,Atingal in O.S.No.6/2019 dated 09.10.2020 and the court below may be
directed to deposit the amount in an interest bearing account in the
treasury or in the bank account,in the inerest 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 SRI.LATHEESH SEBASTIAN, Advocates for the petitioners/ respondents and
of SRI. MATHEW KURIAKOSE, SRI.J.KRISHNAKUMAR (ADOOR), SHRI.MONI GEORGE,
Advocates for the respondent/appellant , the court passed the following:
RFA No.271/2020 2/3
ANIL K. NARENDRAN & M.R. ANITHA, JJ.
---------------------------------------------------
I.A.No.1 of 2021
&
R.F.A.No.271 of 2020
------------------------------------------------------
Dated this the 23rd day of July, 2021
ORDER
Anil K. Narendran, J.
I.A.No.1 of 2021
This is an application filed by the applicants/respondents/
plaintiffs seeking an order to permit them to deposit the amount in
terms of the impugned decree in O.S.No.6 of 2019 dated
09.10.2020 before the Sub Court, Attingal and to keep the said
amount in deposit either in District Treasury or in a Bank Account.
Heard the learned counsel for the applicants and also the
learned counsel for the respondent/appellant/defendant.
Having considered the averments in the affidavit filed in
support of this interlocutory application and also the submissions
made by the learned counsel on both sides, this I.A. is allowed by
permitting the applicants to deposit the amount in terms of the
impugned decree in O.S.No.6 of 2019 dated 09.10.2020 before the
court below and by directing the court below to keep the said
RFA No.271/2020 3/3
R.F.A.No.271 of 2020
amount in Fixed Deposit, in any nationalised Bank, pending
disposal of the appeal.
R.F.A.No.271 of 2020
Call for LCR.
Sd/-
ANIL K. NARENDRAN,
Judge
Sd/-
M.R. ANITHA,
Judge
AV/23/7
23-07-2021 /True Copy/ Assistant Registrar
