Thomas Mathew vs Johny Thomas
2021 Latest Caselaw 15741 Ker

RFA No.287/2019                            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 30th day of July 2021 / 8th Sravana, 1943
                        IA.NO.1/2019 IN RFA NO. 287 OF 2019
                       OS 43/2016 OF SUB COURT, PERUMBAVOOR
   PETITIONER/APPELLANT:

          THOMAS MATHEW, S/O.KOTTANATHU VEETTIL MATHAI, AGED 51 YEARS,
          MATTAPPALLI PURAYIDATHIL, EZHIPRAM KARA, AYIKARANADU NORTH VILLAGE,
          ERNAKULAM DISTRICT.

   RESPONDENTS/RESPONDENT AND THE STATE:

          1. JOHNY THOMAS, S/O.THOMAS, AGED 51, AYIKKARAKKUDY HOUSE, VENGOLA
          KARA, ARAKKAPPADY        VILLAGE, ERNAKULAM DISTRICT.
          2. STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM,
          CIVIL STATION,        KAKKANAD,THRIKKAKKARA P.O., ERNAKULAM.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of the judgment and decree in O.S.No.43/2016 of the Hon'ble Principal Sub
   Court, Perumbavoor dated 31.1.2019, till the disposal of the Appeal, in
   the interest of justice.


        This Application again coming on for orders upon perusing the
   application and the affidavit filed in support therof

        and this Court's order dated 23.03.2021 and upon hearing the
   arguments of SRI.SHIJU VARGHESE, Advocate for the petitioner and of
   SRI.P.THOMAS GEEVERGHESE, SRI.E.S.FIROS Advocates for the respondents, the
   court passed the following:
 RFA No.287/2019                              2/3

                      ANIL K. NARENDRAN & M.R. ANITHA, JJ.
                     --------------------------------------------------
                         I.A.No.1 of 2021 & I.A.No.1 of 2019
                                             in
                                  R.F.A.No.287 of 2019
                        -------------------------------------------
                        Dated this the 30th day of July, 2021

                                          ORDER

Anil K. Narendran,

I.A.No.1 of 2021

This is an application filed by the appellant seeking

enlargement of time for remitting the balance court fee of

Rs.2,83,600/-, for a period of 30 days from 16.07.2021.

Having considered the averments in the affidavit filed in

support of the Interlocutory Application and also the submissions

made by the learned counsel on both sides, the enlargement of

time as sought for is granted.

I.A.No.1 of 2019

On 23.3.2021, this Court granted an order staying all

further proceedings as prayed for, i.e., an order staying the

operation of the judgment and decree in O.S.No.43 of 2016 of

the Principal Sub Court, Perumbavoor, for a period of three

months. It is pointed out by the learned counsel for the

respondent/plaintiff that there is already an order of attachment RFA No.287/2019 3/3

I.A.No.1 of 2021 & I.A.No.1 of 2019 in R.F.A.No.287 of 2019

by the Sub Court in I.A.No.798 of 2016 in O.S. No.43 of 2016. It

is made clear that the said order of attachment shall continue to

be in force, till the disposal of this appeal.

Interim order shall stand extended for 3 months.

sd/-

ANIL K. NARENDRAN Judge

sd/-

M.R. ANITHA Judge STK

30-07-2021 /True Copy/ Assistant Registrar