P.J Johnson vs Mary Joseph
2021 Latest Caselaw 23127 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                     &
                  THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
       Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
                  IA.NO.1/2021 IN MAT.APPEAL NO. 669 OF 2021
               OP 334/2014 OF FAMILY COURT, THIRUVANANTHAPURAM
PETITIONER/APPELLANT:

     P.J. JOHNSON, AGED 65 YEARS, S/O JOSEPH, PARASSERIL HOUSE, ERUMAPRA,
     MELUKAVU, MEENACHIL TALUK-686652, NOW RESIDING AT HOUSE NO.29/466A,
     BHAGAT SINGH ROAD, VYTILA, ERNAKULAM DISTRICT, KOCHI-682019.

RESPONDENT/RESPONDENT:

     MARY JOSEPH, AGED 64 YEARS, D/O. JOSEPH, QUARTER NO. 66, TYPE 3,
     CGC COMPLEX, POOMKULAM, VELLAYANI P.O., THIRUVANANTHAPURAM-695020.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order of
staying the operation and execution of judgment and decree dated
03.03.2021 in OP No.334 of 2014 of the Family Court, Thiruvananthapuram
pending disposal of this Matrimonial Appeal, in the interest 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 M/S.GEORGE MATHEW, M.D.SASIKUMAR, SUNIL KUMAR A.G, GEORGE K.V., PRAVEEN
S., DIPU JAMES, STEPHY K REGI and MATHEW K.T., Advocates for the
applicant, the court passed the following:




                                                           P.T.O.
                              A.MUHAMED MUSTAQUE &
                               SOPHY THOMAS, JJ.
               ------------------------------------------------
                               I.A.No.1 of 2021
                                       &
                          Mat. Appeal No.669 of 2021
              -------------------------------------------------
                  Dated this the 24th day of November, 2021

                                    O R D E R

A.MUHAMED MUSTAQUE, J.

Admit.

I.A.No.1 of 2021

Operation of the impugned judgment is stayed on

condition that the appellants furnish security for

the relief No.(ii) and (iii) granted in the impugned

judgment to the satisfaction of the Family Court

within a period of two months. Appellant is also

permitted to offer security of the property over

which the respondent also claimed right by way of

half share, if the property is sufficient to satisfy

the decree granted.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SOPHY THOMAS, JUDGE AS

24-11-2021 /True Copy/ Assistant Registrar