Citation : 2021 Latest Caselaw 23208 Ker
Judgement Date : 24 November, 2021
RSA No.229/2017 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Wednesday, the 24th day of November 2021 / 3rd Agrahayana, 1943
IA.NO.616/2017(IA.NO.2/2017) IN RSA NO. 229 OF 2017(B)
OS 36/2005 OF MUSNIFF COURT,ADOOR
AS 54/2014 OF III ADDITIONAL DISTRICT COURT, PATHANAMTHITTA
PETITIONER/APPELLANT:
JACOB CHERIA, AGED 64 YEARS, S/O.CHERIA CHERIA,THARAYIL PUTHEN
VEEDU, MUNDAPPALLIL MURI, PERINGANADU VILLAGE,ADOOR TALUK,
PATHANAMTHITTA DISTRICT.
RESPONDENTS/RESPONDENTS:
1. THANKAMMA W/O.GEEVARGHESE, KOMILLATHU HOUSE,THUVAYOOR NORTH MURI,
ERATHU VILLAGE, PIN 689 693,ADOOR TALUK, PATHANAMTHITTA DISTRICT.
2. GEEVARGHESE GEEVARGHESE S/O.GEEVARGHESE, PLAVILA PUTHEN
VEEDU,THUVAYOOR NORTH MURI, ERATHU VILLAGE,PIN 689 693, ADOOR TALUK,
PATHANAMTHITTA DISTRICT.
3. DISTRICT COLLECTOR PATHANAMTHITTA, COLLECTORATE, PIN 689
645,PATHANAMTHITTA.
4. DEPUTY DIRECTOR, SURVEY AND LAND RECORDS,PATHANAMTHITTA, PIN 689
645.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and execution of Judgment & Decree in OS.No.36 of 2005 of Munsiff's Court,
Adoor as modified in AS.NO.54 of 2014 of the Court of Addl.District Judge-
III, Pathanamthitta, pending disposal of the above RSA.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.JACOB P.ALEX, SRI.JOSEPH P.ALEX, Advocates for the
petitioner,SRI.M.JAYAKRISHNAN, SRI.G.UNNIKRISHNAN, (Caveators) for the 1st
respondent and of Government Pleader for respondents 3 and 4 (B/o), the
court passed the following:
ORDER
Heard the learned counsel for the petitioner/appellant, R1 and the learned Government Pleader for Respondents 3 and 4.
Operation and execution of the Judgment and Decree in OS.No.36/2005 of the Munsiff Court, Adoor as modified as per the judgment and decree in AS.NO.54/2014 dated 06.09.2016 of the Addl.District Court-III, Pathanamthitta, stand stayed for three months.
Sd/- N.ANIL KUMAR JUDGE
24-11-2021 /True Copy/ Assistant Registrar
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