R.Hareesh Babu vs Anju Hariharan
2022 Latest Caselaw 8202 Ker

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

                       Friday, the 1st day of July 2022 / 10th Ashadha, 1944
                              IA.NO.1/2022 IN RSA NO. 392 OF 2022
                            OS 83/2012 OF MUNSIFF COURT,HARIPAD
                   AS 78/2017 OF ADDITIONAL DISTRICT COURT-I,MAVELIKKARA
PETITIONERS/APPELLANTS:

   1. R.HAREESH BABU,S/O.N.RETNAN, AGED 51 YEARS, KAILAS , PILAPPUZHA, HARIPAD VILLAGE,
      ALAPPUZHA-690 512.
   2. R. KAILASNATH, S/O. N. RETNAN, AGED 46 YEARS KAILAS, PILAPPUZHA, HARIPAD VILLAGE,
      ALAPPUZHA-690 512.

RESPONDENTS/RESPONDENTS:

   1. ANJU HARIHARAN, D/O. JAYASREE,AGED 28 YEARS, PUTHUPARAMBIL , THEKKATHIL HOUSE,
      THATTARAMBALAM P.O, MATTOM NORTH MURI, KANNAMANGALAM VILLAGE, FROM KONDOOR
      VEETTIL, NEENDOOR MURI, PALLIPPAD, ALAPPUZHA 690 512.
   2. P.G. PURUSHOTHAMMAN PILLAI, AGED 69 YEARS, S/O. GOPALAKRISHNA PILLAI, PERUMPRAL
      HOUSE, PULLAMBARA MURI, PALLIPPAD VILLAGE, ALAPPUZHA 690 512.
   3. JAYASREE , D/O. CHELLAMMA, PUTHUPARAMBIL, THEKKATHIL HOUSE, THATTARAMBALAM P.O,
      MATTOM NORTH MURI, KANNAMANGALAM VILLAGE, FROM KONDOOR VEETTIL, NEENDOOR
      MURI, PALLIPPAD, ALAPPUZHA 690 512.


      Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to stay the Judgment and Decree passed in AS.78/2017 on the file of
Addl.District Court,Mavelikara confirming the Judgment and decree passed in OS.83/2012 on
the file of Munsiff Court, Harippad, pending disposal of the above 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 M/S. PARTHASARATHY AND
SEEMA PARTHASARATHY, Advocates for the petitioners, the court passed the following:
                                   M.R.ANITHA, J.
                    ----------------------------------------------------
                            R.S.A.No.392 of 2022
                                     &
                              I.A.No.1 of 2022
                   -----------------------------------------------------
                    Dated this the 1st day of July, 2022


                                 ORDER

Admit.

Issue notice to the respondents.

Following substantial questions of law are formulated:

1. When the plaintiff, a minor, who was represented by the

mother - the natural guardian is it legal to find that the minor

was not properly represented at the time of earlier suit?

2. Whether it is legal and proper to find that there is no

service of summons in the previous suit when service of

summons to mother has been declared in the former suit and

when the plaintiff has no case that notice to the mother was not

proper?

3. Is it legal to find that the plaintiff is not bound by the

execution proceedings pursuant to O.S.No.391/1997 when

execution is as against the property of the father for his

liability?

4. Is it legal and proper in decreeing partition of half right of

the plaintiff without directing the plaintiff to pay the R.S.A.No.392 of 2022 & I.A.No.1 of 2022

proportional liability with interest towards the amount due from

the father?

I.A.No.1 of 2022:

There will be an interim stay as prayed for, for a period

of two months. Sd/-

M.R.ANITHA

shg/ JUDGE

01-07-2022 /True Copy/ Assistant Registrar