Citation : 2021 Latest Caselaw 20586 Ker
Judgement Date : 1 October, 2021
RSA No.639/2021 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.1/2021 IN RSA NO. 639 OF 2021
AS 57/2015 OF SUB COURT,NEYYATTINKARA
OS 42/1998 OF II ADDITIONAL MUNSIFF COURT ,NEYYATTINKARA
PETITIONER/APPELLANT:
JOB,S/O. DANIEL, AGED 65 YEARS, NEELARATHALA VEEDU, ARAYOOR DESOM,
CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 132
RESPONDENT/RESPONDENT:
DATHI, S/O. DASSAN NADAR, AGED 65 YEARS,KANJIRAM VILA VEEDU, ARAYOOR
DESOM, CHENKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT 695 132
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay execution
proceedings as per decree and judgment dated 09.04.2021 in AS.No.57/2015
on the file of the Hon'ble Sub Judge, Neyyattinkara, pending disposal of
the above regular second appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.A.M.FOUSI, Advocate for the petitioner, the court passed the
following:
ORDER
Heard the learned counsel for the petitioner/appellant.
The execution proceedings as per the judgment and decree dated 09.04.2021 in AS.No.57/2015 on the file of the Sub Court, Neyyattinkara stand stayed for a period of three months on condition that the petitioner/appellant shall furnish sufficient security for the decree amount with interest and costs to the satisfaction of the trial court within a period of three weeks from today.
In the event of failure to furnish security as stated herein above, the interim stay granted in this case shall stand vacated without any further order from this Court.
Sd/- N.ANIL KUMAR JUDGE
01-10-2021 /True Copy/ Assistant Registrar
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