Anthony vs Reji Shajan
2021 Latest Caselaw 10607 Ker

IA/1/2021 IN RSA 319/2021                            1/3



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

                            Monday,the 29th day of March 2021/8th Chaithra, 1943
                                      IA.1/2021 IN RSA.319/2021 (D)

            For information purpose only
AS No.130/2017 of the ADDITIONAL SUB COURT, IRINJALAKUDA
OS No.489/2016 of the MUNSIFF COURT, CHALAKUDY
PETITIONERS/APPELLANTS:

1.    ANTHONY,AGED 67 YEARS,
       MUKRAPPILLY VEETIL, VAZHICHAL DESOM, KORATTY KIZHAKKUMMURI
       VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT.

2.    RADHA,AGED 55 YEARS
       W/O. ANTHONY, VAZHICHAL DESOM, KORATTY KIZHAKKUMMURI
       VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT.

RESPONDENT/RESPONDENT:

       REJI SHAJAN,AGED 55 YEARS,
       W/O. POTHUR VEETIL SHAJAN, VAZHICHAL DESOM, KORATTY
       KIZHAKKUMMURI VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT,
       PIN-680 308.

          Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to           stay the operation of the judgment of the Court of the Subordinate
Judge, Irinjalakuda in AS.No.130 of 2017 dated 30.11.2020, pending disposal of the above
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.V.M.KRISHNAKUMAR,
Advocate for the petitioners and of SRI. JOHN JOSEPH (ROY), Advocate for the respondent,
the court passed the following:
                 N. ANIL KUMAR, J.
    -----------------------------------------
               RSA No. 319 of 2021
    -----------------------------------------
      Dated this the 29th day of March, 2021

    For information purpose only
                                 ORDER

Heard the learned counsel for the appellants

and the respondent.

2. The RSA is admitted on the following

substantial questions of law;

(1) Whether the judgment in a criminal

case between the same parties can be relied

on for the purpose of awarding damages

against the plaintiff in the absence of

reliable evidence to prove the occurrence

before the civil court?

(2) Whether the first appellate court is

right in holding that the plaintiff is

successful in establishing that the

defendants are liable for the injury caused

to the plaintiff solely relying on the oral RSA No. 319 of 2021

..2..

evidence of the plaintiff?

(3) Whether the burden of proof to claim

damages in a civil suit is wrongly cast on For information purpose only the defendants?

Post after summer vacation.

IA No. 1 of 2021

Heard the learned counsel for the appellants

and the respondent.

2. Operation of the judgment and decree in AS No.

130 of 2017 on the file of the Subordinate

Court, Irinjalakuda stands stayed for a period

of three months on furnishing bank

guarantee/Fixed Deposit receipt of any

nationalized bank solely earmarked for the

said case, for the decree amount with interest

and costs to the satisfaction of the trial

court within a period of two months from

today.

Sd/-

N. ANIL KUMAR JUDGE bka/29.03.2021

/true copy/ Sd/- ASSISTANT REGISTRAR