P.R. Rajesh vs Sudha Kanthan
2021 Latest Caselaw 22434 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 9th day of November 2021 / 18th Karthika, 1943
                    IA.NO.1/2021 IN FAO NO. 69 OF 2021

        I.A.NO.359/2019 IN OS 53/2015 OF THE SUB COURT, ALAPPUZHA.

                                     ---

PETITIONERS/APPELLANTS/DEFENDANTS:

1.P.R. RAJESH,S/O. RAJAPPAN,AGED 48 YEARS,

  GOURI SANKARAMADOM,CHANDANAKAV,ALAPPUZHA-688 011.

2.ARCHANA RAJESH @ SILIJA RAJESH,W/O. RAJESH,AGED 38 YEARS,

  GOURI SANKARAMADOM,CHANDANAKAV,ALAPPUZHA-688 011.

RESPONDENTS/RESPONDENT/PLAINTIFF:

  SUDHA KANTHAN,W/O. LEKSHMI KANTHAN,AGED 61 YEARS,

  SREENIVAS HOUSE,CULLEN ROAD,MULLACKAL,ALAPPUZHA-688 011.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in E.P.No.120/2017 in O.S.No.53/2015 on the files of Sub
Court, Alappuzha, pending final disposal of the above appeal, for the
ends of justice.


     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI. BIJU ABRAHAM, Advocate for the petitioners, the court passed the
following:

                                                                      P.T.O.
      ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
     -----------------------------------------------------
                     F.A.O No.69 of 2021
     ------------------------------------------------------
        Dated this the 9 th day of November, 2021


                          ORDER

Anil K. Narendran, J.

F.A.O.No.69 of 2021

Despite service of notice, none appears for the

respondent.

The specific contention taken by the learned counsel for

the appellants is that after the judgment of this Court dated

06.03.2017 in R.F.A.No.32 of 2017, the appellants/defendants

were not issued with any notice in O.S.No.53 of 2015 before

the Sub Court, Alappuzha.

Registry to call for a report from the Sub Court,

Alappuzha as to whether, after the judgment of this Court

dated 06.03.2017 in R.F.A No.32 of 2017, any notice was

issued to the defendants in O.S.No.53 of 2015.

I.A.No.1 of 2021

Having considered the averments in the affidavit filed in

support of this application and also the submission made by

the learned counsel for the appellants, we deem it appropriate

F.A.O No.69 of 2021

to grant an interim stay as prayed for, for a period of one

month.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE

PV

09-11-2021 /True Copy/ Assistant Registrar