Citation : 2022 Latest Caselaw 627 Ker
Judgement Date : 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Friday, the 14th day of January 2022 / 24th Pousha, 1943
IA.NO.1/2021 IN RFA NO. 226 OF 2021
OS 810/2007 OF I ADDITIONAL SUB COURT,ERNAKULAM, ERNAKULAM
PETITIONERS/APPELLANTS:
1. ARAVINDAKSHA MENON,AGED 66 YEARS, S/O.KUNJIKUTTI AMMA, CHERULLI,
KONATTU HOUSE,THIRUVANKULAM, KANAYANNUR TALUK, ERNAKULAM DISTRICT.
AND OTHERS
RESPONDENTS/RESPONDENTS:
1. UNNIKRISHNAN C S/O.LATE NARAYANA MENON, CHANDUVARATH, JAYAKRISHNA
,OLLURKKARA P.O., THRISSUR DISTRICT , PIN- 680 655
AND OTHERS
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
staying the execution of the judgment and decree in O.S.No.810/2007 dated
30.03.2021 passed by the Addl. Subordinate Judge's Court-I, Ernakulam,
pending disposal of the above R.F.A
This Application again coming on for orders upon perusing the
application and the affidavit filed in support thereof, and this court's
order dated 28/12/2021 and upon hearing the arguments of N.P.PRAJEESH,
Advocate for the petitioners and of MATHEW KURIAKOSE, Advocate for R3,
the court passed the following:
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
.................................................................
I.A.No.1 of 2021 in R.F.A. No.226 of 2021
[Arising out of judgment & decree dated 30.03.2021 in O.S. No.810 of 2007 of
the Additional Sub Court-I, Ernakulam]
.................................................................
Dated this the 14th day of January, 2022
ORDER
Sri.N.P.Prajeesh, learned Advocate appearing for the
applicants in the I.A./appellants in the R.F.A. submits that the interim
order of status quo granted by this Court on 28.12.2021 expired on
11.01.2022. We are told that service of notices on the respondents have
not been completed, which may take some time. Since the regular
Bench is not in a position to sit now, taking note of the facts and
circumstances of the case and also for ensuring the preservation of the
subject matter of the lis, till orders are passed in the stay application, it
is ordered that the status quo order passed by this Court on 28.12.2021
will stand extended from 11.01.2022 for a further period of one month
therefrom.
List the I.A. before the regular Division Bench as per roster
on 28.01.2022.
Handover to both sides Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
VIJU ABRAHAM, JUDGE
cks
14-01-2022 /True Copy/ Assistant Registrar
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