Citation : 2022 Latest Caselaw 11967 Ker
Judgement Date : 21 December, 2022
RFA No.359/2022 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Wednesday, the 21st day of December 2022 / 30th Agrahayana, 1944
IA.NO.1/2022 IN RFA NO. 359 OF 2022
OS 62/2009 OF II ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
PETITIONERS/APPELLANTS:
1. SOOSA NAYAGAM, AGED 67 YEARS, S/O BERNABAS, RESIDING AT T.C. NO.
27/482 (2) SOORYA, URRA NO.34-A, NEAR R.C. JUNCTION, (NEAR DISTRICT
CO-OPERATIVE BANK), VANCHIYOOR-P.O., THIRUVANANTHAPURAM-695035, NOW
RESIDING AT 6 GARWOOD BLVD, CLAYTON NJ 08312-2416, UNITED STATES OF
AMERICA. REP. BY HIS POWER OF ATTORNEY HOLDER, DOMENIC RAPHAEL, S/O
T. V. RAPHEAL, RESIDING AT ' KARUNYAM, 51/A, CHETHANA NAGAR,
VALATHUNGAL. P.O, ERAVIPURAM, KOLLAM-691011.
2. SUSY SUSAN ,W/O SOOSA NAYAGAM, T.C. NO. 27/482 (2), SOORYA, URRA
NO.34-A, NEAR R.C. JUNCTION, (NEAR DISTRICT CO-OPERATIVE BANK),
VANCHIYOOR-P.O., THIRUVANANTHAPURAM.
RESPONDENT/RESPONDENT:
R. SAJEEV KUMAR, AGED 53 YEARS ,S/O RADHAKRISHNAN, GOVT. SERVANT
FROM TC NO. 32/1081(1), KARIKKAKAM MURI, KADAKAMPALLLY VILLAGE,
THIRUVANANTHAPURAM, NOW RESIDING AT GOVERNMENT QUARTERS NO.31/332,
MELARANNOOR, THYCAUD VILLAGE, KARAMANA.P.O., THIRUVANANTHAPURAM -
695002
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay further
proceedings in pursuance to the decree and judgment dated 17/08/2022 of
the II Additional Subordinate judge's court of Thiruvananthapuram in O.S
No.62 of 2009 pending disposal of the Appeal and to pass such other orders
which this Honourable court may deem fit and necessary inthe 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 M/S.M.R.ANANDAKUTTAN, M.HEMALATHA, MAHESH ANANDAKUTTAN,
M.J.SAJITHA,Advocates for the petitioners and of M/S.SHAJI THANKAPPAN,
K.J.SHARATH KUMAR, P.T.THAJMINA, BINCY JOSE, SUBIN K SUDHEER, Advocates
for the respondent (caveator), the court passed the following:
ORDER
There will be an interim order of stay, as prayed for, till 13/01/2023.
Sd/- P.SOMARAJAN JUDGE
21-12-2022 /True Copy/ Assistant Registrar
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