Dilip vs Vijayan
2022 Latest Caselaw 9788 Ker

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

                         Friday, the 26th day of August 2022 / 4th Bhadra, 1944
                                  IA.NO.1/2022 IN RSA NO. 509 OF 2022
                      AS 78/2019 OF III ADDITIONAL DISTRICT COURT, PALAKKAD
                          OS 61/2015 OF ADDITIONAL SUB COURT, PALAKKAD
PETITIONER/PETITIONER:

       SRI.DILIP, AGED 61 YEARS, S/O.CHENTHAMARA, PUTHUCHI HOUSE, AYALUR VILLAGE, AYALUR
       POST, CHITTUR TALUK, PALAKKAD - 678 510.

RESPONDENT/RESPONDENT:

       VIJAYAN, AGED 59 YEARS, S/O.NALINAKSHAN NAIR, DEVI KRIPA, AOUTHANNACHALLA,
       MUTHALAMADA VILLAGE POST, CHITTUR TALUK, PALAKKAD DISTRICT, PIN - 678 507.

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay all further proceedings including execution of the decree in OS.No.61 of
2015 dated 07.12.2018 of the Sub Court,Palakkad as decreed by the judgment and decree in
AS.No.78 of 2019 of District Court,Palakkad dated 15.03.2022 pending 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 SRI.S.SREEKUMAR,Senior Advocate along with
M/S. P.MARTIN JOSE, R.GITHESH, P.PRIJITH, THOMAS P.KURUVILLA, AJAY BEN JOSE, MANJUNATH
MENON, SACHIN JACOB AMBAT, HARIKRISHNAN S., ANNA LINDA EDEN., Advocates for the petitioner,
the court passed the following:
                           M.R.ANITHA, J.
                ----------------------------------------
                       R.S.A. No.509 of 2022
                 -----------------------------------------------
              Dated this the 26th day of August, 2022

                                ORDER

Appeal admitted.

Issue notice to the respondents.

Substantial question of law is formulated as follows:

(a) Whether the suit is barred under Order 2 Rule 2 of Code of Civil Procedure in view of the filing of the suit O.S. No.158 of 2014 as held by this Court in Mathew and others vs. Elikutty & others [2019 (2) KHC 160]?

(b) Whether lower Appellate Court was justified in holding that Section 92 of Evidence Act bars the defendant from contending the real transaction as borne out by Exhibit A1?

(c) Whether the lower Appellate Court was justified in decreeing the suit without satisfying the ingredient of Section 20 of Specific Relief Act?

I.A. No.1/2022

There will be an interim stay of all further proceedings

including execution of the decree in O.S. No.61/2015 dated R.S.A. No.509 of 2022

07.12.2018 of the Sub Court, Palakkad as confirmed by the

judgment and decree in A.S. No.78/2019 on the file of District

Court, Palakkad dated 15.03.2022 for a period of three months.

Sd/-

M.R.ANITHA JUDGE

SMF

26-08-2022 /True Copy/ Assistant Registrar