Subramannian vs Radhika
2022 Latest Caselaw 4818 Ker

Mat.Appeal No.531/2020                        1/2

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                             THE HONOURABLE MR.JUSTICE C.S.DIAS
                                             &
                         THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
              Friday, the 29th day of April 2022 / 9th Vaisakha, 1944
                     IA.NO.2/2022 IN MAT.APPEAL NO. 531 OF 2020
                 OP 309/2019 OF FAMILY COURT, OTTAPPALAM, PALAKKAD
   PETITIONER/APPELLANT:

           SUBRAMANNIAN, AGED 33 YEARS, S/O. KUTTAN CHETTIYAR, MULAKKAPARAMBIL
           HOUSE, SANKARAMANGALAM P.O, PATTAMBI, PALAKKAD DISTRICT, PIN 679 303

   RESPONDENTS/RESPONDENTS:

       1. RADHIKA, AGED 26 YEARS, D/O. RAMAKRISHNAN, PUTHANVEETTIL HOUSE,
          CHERUTHURUTHY P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN 679
          531.
       2. AMRITH, AGED 6 YEARS S/O. SUBRAMANIAN, PUTHANVEETTIL HOUSE,
          CHERUTHURUTHY P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN 679
          531. REPRESENTED BY MOTHER 1ST RESPONDENT RADHIKA, PUTHANVEETTIL
          HOUSE, CHERUTHURUTHY P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN
          679 531.
       3. AMRUTHA, AGED 2 YEARS S/O. SUBRAMANNIAN, PUTHANVEETTIL HOUSE,
          CHERUTHURUTHY P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN 679
          531. REPRESENTED BY MOTHER 1ST RESPONDENT RADHIKA, PUTHANVEETTIL
          HOUSE, CHERUTHURUTHY P.O, THALAPPILLY TALUK, THRISSUR DISTRICT, PIN
          679 531.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the execution
   of the Judgment dated 29.05.2020 passed in O.P. No. 309/2019 by the Family
   Court, Ottappalam till the disposal Matrimonial Appeal pending before this
   Hon'ble Court.

        This Application coming on for orders upon perusing the      application
   and the affidavit filed in support thereof, and upon hearing      the arguments
   of NOUSHAD THOTTATHIL, SRI.NOORJI NOUSHAD, Advocates for the      applicant and
   of SRI. BINOY VASUDEVAN (B/O), Advocate for the Respondents,      the court
   passed the following:




            P.T.O
 Mat.Appeal No.531/2020                        2/2

                                         ORDER

On a consideration of the averments in the affidavit filed in support of the application and after hearing the learned Counsel appearing for the Parties, we are inclined to stay the execution proceedings in EP 35/2020 and/or EP 2/2022 in OP No. 309/2019 on the file of the Family Court, for a period of one month, on condition that the petitioner forthwith deposits Rs.50,000/-(Rupees Fifty Thousand only) before the Family Court, which shall be released to the 1st respondent.

Post on 27/05/2022.

Sd/- C.S.DIAS JUDGE

Sd/- C. JAYACHANDRAN JUDGE

29-04-2022 /True Copy/ Assistant Registrar