Krishna Kurup vs Sakunthala Devi
2022 Latest Caselaw 12328 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM



                                        PRESENT

                     THE HONOURABLE MRS. JUSTICE M.R.ANITHA

               Thursday, the 22nd day of December 2022 / 1st Pousha, 1944

                          IA.NO.1/2022 IN RSA NO. 748 OF 2022

             OS 155/2011 OF MUSNIFF COURT,ADOOR, PATHANAMTHITTA

   AS 57/2019 OF IV ADDITIONAL DISTRICT & SESSIONS COURT, PATHANAMTHITTA

PETITIONER/APPELLANT IN RSA:


     KRISHNA KURUP, AGED 68 YEARS, S/O. KUNJUNNIKURUP, VIJAYA BHAVANAM,
     THENGAMOM MURI, PALLICKAL VILLAGE, ADOOR-690 522.


RESPONDENT/RESPONDENT IN RSA:


     SAKUNTHALA DEVI, AGED 59, W/O. MOHANAKUMARAN PILLAI, USHUS,
     THENGAMOM MURI, PALLICKAL VILLAGE, ADOOR-690 522.


Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to stay the operation of the Judgment in AS.57/2019 of Additional
District and Sessions Court-IV,Pathanamthitta, pending disposal of Regular Second
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.R.MURALEEKRISHNAN
(MALAKKARA), Advocate for the petitioner, the court passed the following:
                        M.R.ANITHA , J.
        ---------------------------------------------------
                   R.S.A.No. 748 of 2022
      ----------------------------------------------------
       Dated this the 22nd day of December, 2022

                               ORDER

Admit. Issue notice to respondent.

Substantial question of law is formulated as follows;

1. Whether the plaintiff has got title over the entire plaint

schedule property ?

2. Whether recovery of possession ordered on the basis of

Ext.A1 title deed is legal ?

3. Whether the judgment and decree passed by the 1 st

appellate court is perverse due to misappreciation of

evidence?

I.A.No.1/2022

Petition to stay the operation of the judgment in

A.S.No.57/2019 of Additional District and Sessions Court-IV,

Pathanamthitta.

Heard. There will be an interim stay as sought for, for a R.S.A.No. 748 of 2022

period of three months.

        rps/                                     M.R.ANITHA, JUDGE




22-12-2022                     /True Copy/                     Assistant Registrar