Dineshan vs Chandrika P
2022 Latest Caselaw 9329 Ker

                             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                 PRESENT
                               THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                      Wednesday, the 10th day of August 2022 / 19th Sravana, 1944
                                  IA.NO.1/2021 IN RSA NO. 571 OF 2021
                         OS 172/2011 OF ADDITIONAL MUNSIFF COURT ,KANNUR
                                   AS 67/2015 OF SUB COURT, KANNUR
PETITIONER/APPELLANT:

       DINESHAN, AGED 53 YEARS, S/O. SANKARAN ASHARI, KUNHIPARAMBA HOUSE, VALIYANNUR
       AMSOM, DESOM, P.O. VARAM, KANNUR DISTRICT,PIN-670 594

RESPONDENTS/RESPONDENTS:

   1. CHANDRIKA P., AGED 55 YEARS, D/O. KAARICHI, KUNHIPARAMBATH HOUSE, VALIYANNUR
       AMSOM, DESOM, P.O. VARAM, KANNUR DISTRICT,PIN-670 594
   2. PUSHPA.P., AGED 53 YEARS, D/O. KAARICHI, KUNHIPARAMBATH HOUSE, VALIYANNUR AMSOM,
       DESOM, P.O. VARAM, KANNUR DISTRICT,PIN-670 594
   3. E.DHANESH, AGED 36 YEARS, S/O. LATE DAMODARAN, KUNHIPARAMBATH HOUSE,
       VALIYANNUR AMSOM, DESOM, P.O. VARAM, KANNUR DISTRICT,PIN-670 594(DIED) (LEGAL
       HEIRS RECORDED) (IT IS RECORDED THAT R3 IS NO MORE AND R4 AND R5 ARE THE LEGAL
       HEIRS OF DECEASED R3 AS PER ORDER DATED 19.11.2021 VIDE MEMO DATED 12.11.2021.)
   4. E.DHANOOP, AGED 34 YEARS, S/O. LATE DAMODARAN, KUNHIPARAMBATH HOUSE,
       VALIYANNUR AMSOM, DESOM, P.O. VARAM, KANNUR DISTRICT,PIN-670 594
   5. E.RADHESH, AGED 32 YEARS, S/O. LATE DAMODARAN, KUNHIPARAMBATH HOUSE,
       VALIYANNUR AMSOM, DESOM, P.O. VARAM, KANNUR DISTRICT,PIN-670 594

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay the judgment and decree dated 17.08.2018 passed by the Sub Court,Kannur
in AS.No.67 of 2015, till the disposal of the 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.P.U.SHAILAJAN, V.SREEJITH, Advocates for
the petitioner and of SMT.C.LEENA Advocate for the respondents 1,2,4 and 5, the court passed the
following:
                                             M.R.ANITHA, J.
                                    ----------------------------------------
                                   R.S.A. No.571 of 2021
                          -------------------------------------------------
                             Dated this the 10th day of August, 2022

                                               ORDER

Heard both sides.

Appeal admitted.

Substantial questions of law is formulated as follows:

(a) Whether the relief of declaration granted by the 1st Appellate Court is legal and proper?

(b) Whether Section 48 of the Transfer of Property Act has any application in the matter of interpretation of Exts.A2 and B2?

(c) Whether fixation of boundary can be granted without a prayer for recovery of possession?

I.A. No.1/2021

There will be an interim stay of the judgment and decree dated

17.8.2018 passed by the Sub Court, Kannur, in A.S. No.67/2015 for a period of

three months.

Sd/-

M.R.ANITHA JUDGE SMF

10-08-2022 /True Copy/ Assistant Registrar