Gopi vs Padmakumari
2021 Latest Caselaw 9529 Ker

RSA 298/2021                             1/4



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

                 Monday,the 22nd day of March 2021/1st Chaithra, 1943
                           IA/1/2021 IN RSA 298/2021 (B)

           For information purpose only
AS No.43/2019 of the III ADDITIONAL DISTRICT COURT,ALAPPUZHA
OS No.162/2002 of the ADDITIONAL MUNSIFF COURT, ALAPPUZHA
PETITIONERS/APPELLANTS:
1.     GOPI,AGED 57 YEARS,
       S/O. LATE KARUNAKARAN, THAKIDIVELI HOUSE, KALAVOOR,
       MANNANCHERY VILLAGE, ALAPPUZHA.

2.     SHAJI,AGED 48 YEARS,
       S/O. LATE KARUNAKARAN, THAKIDIVELI HOUSE, KALAVOOR,
       MANNANCHERY VILLAGE, ALAPPUZHA

3.     SUMIMOL,AGED 42 YEARS,
       D/O. LATE PARVATHI DEVAKI, THAKIDIVELI HOUSE, KALAVOOR,
       MANNANCHERY VILLAGE, ALAPPUZHA

4.     VALSALA,AGED 60 YEARS,
       MANAKATTU VEEDU, THAKIDIVELI HOUSE, KALAVOOR, MANNANCHERY
       VILLAGE, ALAPPUZHA.

5.     SYAMALA,AGED 65 YEARS,
       KARAKKA MAVUNKAL, MANNACHERRY MURI, ALAPPUZHA

6.     THILAKAMMA,AGED 46 YEARS,
       W/O. CHANDRADAS, THAIKKATTU VELI, PONNADU P.O

7.     LIJIMOL,AGED 45 YEARS,
       W/O. LATE BABU RAJ, THAKIDIVELI HOUSE, KALAVOOR, MANNANCHERY,
       ALAPPUZHA

8.     SREETHU,AGED 29 YEARS,
       D/O. BABURAJ, THAKIDIVELI HOUSE, KALAVOOR, MANNANCHERY,
       ALAPPUZHA.

9.      SREE RAJ,AGED 23 YEARS,
 RSA 298/2021                                   2/4

       S/O. BABURAJ, THAKIDIVELI HOUSE, KALAVOOR, MANNANCHERY,
       ALAPPUZHA.

RESPONDENTS/RESPONDENTS:
1.     PADMAKUMARI,AGED 67 YEARS,
       D/O. LATE KUMARAKURUP, IKKARAYIL, KATTOOR MURI, KALAVOOR
       VILLAGE, ALAPPUZHA 688 522

2.
           For information purpose only
        JEEVAN,AGED 49 YEARS,
       JEEVAN BHAVAN, KALAVOOR VILLAGE, KALAVOOR P.O, 688 522

3.     JAMES THOMAS,AGED 52 YEARS,
       ANAKKARU PARAMBU, MANNANCHERRY VILLAGE, ALAPPUZHA 688 538

         Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to     stay the execution of the decree in OS.No.162/2002 on the file of
the Munsiff Court, Alappuzha,confirmed in AS.No.43/2019 of the Additional District Court-
III, Alappuzha, pending disposal of the 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 M/S S.SANAL KUMAR,
BHAVANA.V and T.J.SEEMA, Advocates for the petitioners, the court passed the following:
                       N. ANIL KUMAR, J.

-------------------------------------------

R.S.A No.298 of 2021

-------------------------------------------- Dated this the 22nd day of March, 2021.

  For information
               O R Dpurpose
                     ER     only

Heard the learned counsel for the appellants. This

Regular Second Appeal is admitted on the following

substantial questions of law:

1) Whether the 1st appellate court dismissed the appeal

mechanically on a wrong appreciation of the facts

and circumstances which led to the delay in filing

the appeal?

2) Whether the 1st appellate court failed to interpret the

term 'sufficient cause' liberally?

I.A.No.1 of 2021

Heard the learned counsel for the appellants.

The operation of the judgment and decree in

O.S.No.162 of 2002 on the files of the Additional Munsiff

Court, Alappuzha pursuant to the judgment and decree in

A.S.No.43 of 2019 on the files of the Additional District Court

-III, Alappuzha shall stand stayed for a period of three

months.

R.S.A No.298 of 2021

R.S.A

Issue notice.

ForPostinformation after summer vacation.

purpose only Sd/-

N.ANIL KUMAR JUDGE

DK

/true copy/ Sd/- ASSISTANT REGISTRAR