K.Rajendrakumar vs Antony
2021 Latest Caselaw 19146 Ker

RSA No.158/2021                              1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
            Monday, the 13th day of September 2021 / 22nd Bhadra, 1943
                      IA.NO.1/2021 IN RSA NO. 158 OF 2021(B)
              AS 191/2017 OF III ADDITIONAL DISTRICT COURT, THRISSUR
                 OS 1433/2009 OF II ADDITIONAL SUB COURT,THRISSUR
   PETITIONER/APPELLANT:

          K.RAJENDRAKUMAR, S/O. KURUVEETTIL NARAYANAN NAIR, AGED 55
          YEARS,EDAKUNNI VILLAGE, THAIKKATTUSSERY DESOM, THRISSUR TALUK,
          REPRESENTED BY POWER OF ATTORNEY HOLDER, NARAYANAN NAIR, S/O.
          POTTANATTU VEETTIL SANKARAN NAIR, AGED 86 YEARS, EDAKUNNI VILLAGE,
          THAIKKATTUSSERY DESOM, THRISSUR TALUK, 680306.

   RESPONDENTS/RESPONDENTS:

      1. ANTONY,S/O. MANJILA VARUNNY, AGED 68 YEARS, THRIKKUR VILLAGE,
         THALORE DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT-680306.
      2. JAYAN, S/O.PUTHENPURAYIL SIVASANKARAN NAIR, AGED 60 YEARS,
         MUVATTUPUZHA VILLAGE, MUVATTUPUZHA TALUK, 686661.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the execution
   of the judgment and decree dated 28.01.2020 in AS.No.191/2017 on the file
   of the Court of the 3rd Additional District Judge,Thrissur pending
   disposal of the Regular Second Appeal in th 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.BINOY VASUDEVAN, Advocate for the petitioner and of
   SRI.P.B.KRISHNAN,      SRI.SABU    GEORGE,    SRI.MANU    VYASAN   PETER,
   SRI.P.B.SUBRAMANYAN, SRI.M.K.SREEGESH, SMT.B.ANUSREE, Advocates for the
   Respondent No.1,the court passed the following:
                                      ORDER

Heard the learned counsel for the petitioner/appellant and the learned senior counsel for R1.

The judgment and decree dated 28.01.2020 in AS.No.191/2017 on the file of the Third Addl.District Court,Thrissur, pursuant to the judgment and decree dated 20.07.2017 in OS.No.1433/2009 on the file of the IInd Addl.Sub Court,Thrissur stands stayed for a period of three months.

The learned senior counsel for R1 submits that pending disposal of the appeal, the subject matter shall not be alienated.

In view of the submission of the learned senior counsel for R1, the appellant shall not alienate the property during the pendency of this appeal.

Sd/- N.ANIL KUMAR, JUDGE

13-09-2021 /True Copy/ Assistant Registrar