Kallingal Abdulkhader vs Muhammed Kunhi
2021 Latest Caselaw 20581 Ker

RSA No.94/2018                                1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
              Friday, the 1st day of October 2021 / 9th Aswina, 1943
                 IA.NO.2/2018 (IA.259/2018)IN RSA NO. 94 OF 2018
                     AS. 35/2017 OF DISTRICT COURT, KASARAGOD
                        OS. 27/2015 OF SUB COURT, HOSDURG
   PETITIONERS/APPELLANTS:

      1. KALLINGAL ABDULKHADER, AGED 66 YEARS,S/O.LATE PALLIYAN HAJI,RESIDING
         AT DAHUL WAFA, KALLINGAL, PALLIKKARE VILLAGE, HOSDURG TALUK,
         KASARAGOD DISTRICT.
      2. KALLINGAL ABBAS, AGED 62 YEARS, S/O.LATE PALLIYAN HAJI, RESIDING AT
         MAHROOB MANZIL, KALLINGAL, PALLIKKARE VILLAGE, HOSDURG
         TALUK,KASARAGOD DISTRICT.

   RESPONDENTS/RESPONDENTS:

      1. MUHAMMED KUNHI, AGED 72 YEARS, S/O.LATE PALLIYAN HAJI, RESIDING AT
         KALLINGAL, PALLIKKARE VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT.
      2. AYISHA, AGED 70 YEARS, D/O.LATE PALLIYAN HAJI,RESIDING AT SABIN
         MANZIL, KALLINGAL,PALLIKKARE VILLAGE, HOSDURG TALUK, KASARAGOD
         DISTRICT.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the operation
   of Decee and Judgment in AS.NO.35/2017 on the file of Court of District
   Judge,Kasaragod dated 30.10.2017 against the Decree and Judgment in
   OS.No.27/2015 dated 15.06.2017 on the file of Subordinate Judge,Hosdurg,
   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 SRI.T.K.VIPINDAS, Advocate for the petitioner and of
   SRI.P.B.KRISHNAN,SRI.P.M.NEELAKANDAN, SRI.SABU GEORGE, SRI.P.B.SUBRAMANYAN
   Advocates for R1, the court passed the following:
                                      ORDER

Heard the learned counsel for the petitioners/appellants.

Operation of the judgment and decree in AS.No.35/2017 on the file of

the District Court,Kasaragod dated 30.10.2017 arising out of the judgment

and decree in OS.No.27/2015 on the file of the Sub Court,Hosdurg dated

15.06.2017 stands stayed for a period of three months.

                                                    Sd/- N.ANIL KUMAR JUDGE




01-10-2021                      /True Copy/                              Assistant Registrar