Suresh Babu vs State Of Kerala
2021 Latest Caselaw 23399 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
       Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
                  IA.NO.1/2021 IN LA.APP. NO. 238 OF 2021

     LAR 700/2008 OF THE II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

                                      --

PETITIONER/APPELLANT/CLAIMANT NO.3:

 SURESH BABU, S/O.LATE CHANDRASEKHARAN,AGED 70,VALLIDALE,

 PARUTHIPARA, NALANCHIRA, THIRUVANANTHAPURAM.


RESPONDENTS/RESPONDENTS IN LAA/1ST RESPONDENT

AND CLAIMANTS NOS.1 AND 2:


1.STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,2ND FLOOR,

  CIVIL STATION BUILDING,CIVIL STATION ROAD,THIRUVANANTHAPURAM-695 043.

2.SUNILKUMAR,S/O.LATE CHANDRASEKHARAN,AGED 64,

  NOW RESIDING AT HOUSE NO.I/405,KARIYIL,KAZHAKOOTAM,

  THIRUVANANTHAPURAM-695 082,SARASWATHY VILASOM,PARUTHIPARA,

  THIRUVANANTHAPURAM,REPRESENTED BY POWER OF ATTORNEY HOLDER

  LATHA SUNILKUMAR,NOW RESIDING AT HOUSE NO.I/405,KARIYIL,

  KAZHAKOOTAM,THIRUVANANTHAPURAM-695 082.

3.SHAJI,S/O.LATE CHANDRASEKAHRAN,AGED 60,

  NOW RESIDING AT LSC PINE COURT I APARTMENT,KOVIL NADA,

  NALANCHIRA P.O.,THIRUVANANTHAPURAM-695 015,

  SARASWATHY VILASOM,PARUTHIPARA,THIRUVANANTHAPURAM 695 015.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
proceedings in LAR No.700 of 2008, the Court of the Additional Sub Judge,
Thiruvananthapuram, till the disposal of the above 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.R.LAKSHMI NARAYAN & R.RANJANIE, Advocates for the petitioner and of
GOVERNMENT PLEADER for the respondent 1, the court passed the following:
                                    C.S.DIAS, J.
                       ======================
                               LAA No.238 of 2021
                        ======================
                   Dated this the 25th day of November, 2021.

                                         ORDER

Admitted.

The learned Government Pleader takes notice for the first

respondent. Issue notice to the respondents 2 and 3.

Post after three months.

IA 1/2021

On a consideration of the averments in the affidavit filed in

support of the application and perusing the impugned judgment,

I am satisfied that the petitioner has made out a prima facie case

to stay the operation and execution of the impugned judgment

and decree in LAR No.700/2008. Hence, I stay all further

proceedings in LAR No.700/2008 on the file of the II Additional

Subordinate Judge, Thiruvananthapuram for a period of three

months.

.

sd/-

sks/25.11.2021 C.S.DIAS, JUDGE

25-11-2021 /True Copy/ Assistant Registrar