Aliyar vs Raju J. Vayalat
2021 Latest Caselaw 21739 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                      &
                  THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
        Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
                            RFA NO. 185 OF 2021
                  OS 118/2013 OF SUB COURT, PERUMBAVOOR

APPELLANT(DEFENDANT):


     ALIYAR, AGED 70 YEARS , S/O. VADAKKEKUDY MEERAN, VADAKKEKUDY HOUSE,
     VALLAM KARA, RAYONPURAM P.O., CHELAMATTOM VILLAGE, KUNNATHUNADU
     TALUK, ERNAKULAM 683 543.

   BY ADVS.P.THOMAS GEEVERGHESE,TONY THOMAS
   (INCHIPARAMBIL),E.S.FIROS,AMRUTHA K.P.,
RESPONDENT(PLAINTIFF):

     RAJU J. VAYALAT, AGED 28 YEARS, S/O. V T JOSEPH, VAYALAT HOUSE,
     FORT KOCHI VILLAGE, KOCHI TALUK -682 001.

    BY ADV AYSHA ABRAHAM

     This Regular first appeal having come up for orders on 02.11.2021,
the court on the same day passed the following:




         P.T.O
      ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
     -----------------------------------------------------
                    R.F.A.No.185 of 2021
     ------------------------------------------------------
        Dated this the 2nd day of November, 2021


                          ORDER

Anil K. Narendran, J.

Today when this appeal is taken up for consideration, the

counter affidavit filed by the respondent in I.A.No.1 of 2021

and also a fresh interlocutory application filed by the

respondent as I.A.No.2 of 2021 are brought on record as

Benchmark. The learned counsel for the appellant would

submit that the appellant has filed an interlocutory

application, under Order XLI Rule 27 of the Code of Civil

Procedure, 1908 to accept additional document, which is yet

to be numbered.

Registry to incorporate that interlocutory application, if it

is in order, and list this appeal along with interlocutory

applications on 05.11.2021.

I.A.No.1 of 2021

The learned counsel for the appellant would submit that

the execution petition in O.S.No.118 of 2013 now stands

R.F.A.No.185 of 2021

posted to 03.11.2021 before the Sub-Court, Perumbavoor, for

delivery.

The learned counsel for the respondent would submit

that the decree holder shall not press for delivery before the

execution court, for a period of 10 days. The said submission

is recorded.

It is made clear that this order or the pendency of this

Regular First Appeal will not stand in the way of the execution

court in considering any interlocutory applications filed by the

judgment debtor.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

02-11-2021 /True Copy/ Assistant Registrar