K.V.Devadasan vs Baby.K.B Balakrishnan
2021 Latest Caselaw 15867 Ker

RSA No.695/2020                                   1/1

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
                          THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
                     Friday, the 30th day of July 2021 / 8th Sravana, 1943

                             IA.NO.2/2020 IN RSA NO. 695 OF 2020

                  AS.36/2016 OF THE II ADDITIONAL DISTRICT COURT, THALASSERY

                          OS.243/2011 OF THE SUB COURT, PAYYANNUR.

   PETITIONER/APPELLANT:

          K.V.DEVADASAN, SON OF NARAYANANI,AGED 64 YEARS,CONCRETE WORKER, PERALAM
          AMSOM AND DESOM, TALIPARAMBA TALUK, POST KOZHUMMAL, PIN-670 571, KANNUR
          DISTRICT.

   RESPONDENT/RESPONDENT:

          BABY.K.B. BALAKRISHNAN,DAUGHTER OF ALAVALAPPIL KAMALAKSHI,AGED 49 YEARS,
          TEACHER, VELLUR AMSOM AND DESOM, TALIPARAMBA TALUK, POST VELLUR, PIN-670
          307, KANNUR DISTRICT.

          Application praying that in the circumstances stated in the affidavit
   filed therewith the High Court be pleased to stay the execution of the decree
   and judgment dated 26.10.2019 passed in AS.NO.36 of 2016 of the court of the
   Additional District Judge II, Thalassery pending final disposal of the above
   second appeal.
          This Application coming on for orders upon perusing the application and
   the affidavit filed in support thereof, and upon hearing the arguments of
   SRI.C.MURALIKRISHNAN, SRI.ABRAHAM GEORGE JACOB, Advocates for the petitioner
   and of SRI.V.BINOY RAM Advocate for the respondent, the court passed the
   following:
                                             ORDER

Heard the learned counsel for the petitioner/appellant and the learned counsel for the respondent.

All further proceedings pursuant to the judgment and decree dated 26.10.2019 in AS.No.36/2016 of the Addl.District Court-II, Thalasserry stand stayed for a period of three months on the following conditions;

1.The petitioner/appellant shall furnish security for the decree amount with interest and costs before the executing court.

2.In case the attachment before judgment is in force pursuant to the decree passed by the trial court, the executing court may consider the above aspect to decide whether further security is required or not?.

Sd/-

N.ANIL KUMAR

JUDGE

30-07-2021 /True Copy/ Assistant Registrar