Saseendran vs Ramachandran
2022 Latest Caselaw 8606 Ker

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

                       Wednesday, the 6th day of July 2022 / 15th Ashadha, 1944
                                 IA.NO.1/2022 IN RSA NO. 377 OF 2022
                      AS 173/2017 OF ADDITIONAL DISTRICT COURT, OTTAPALAM
                               OS 162/2012 OF SUB COURT, OTTAPPALAM
PETITIONER/APPELLANT:

       SASEENDRAN, AGED 57 YEARS S/O. KUMARAN, ULLATTUTHODIYIL HOUSE, KAVALAPPARA P.O.,
       OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679 523.

RESPONDENT/RESPONDENT:

       RAMACHANDRAN, AGED 49 YEARS, S/O. VASUDEVAN CHETTIYAR, CHEENIKUNDIL HOUSE,
       KAVALAPPARA P.O., OTTAPALAM TALUK, PALAKKAD DISTRICT, PIN - 679 523.

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay the operation and execution of judgment and decree dated 17.11.2021 in
AS.No.173/2017 on the file of the Additional District Judge,Ottapalam arising out of judgment and
decree dated 25.08.2017 in OS.No.162/2012 on the file of the Sub Court,Ottapalam pending disposal
of the above 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 M/S.SANTHEEP ANKARATH, J.RAMKUMAR,
Advocates for the petitioner, the court passed the following:
                                  M.R.ANITHA , J.
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                               R.S.A No. 377 of 2022
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                     Dated this the 6th day of July, 2022.

                                         ORDER

Admit. Issue notice to respondent.

Substantial question of law is formulated as follows;

1. Whether the execution of promissory note has been proved ?

2. Whether the judgment and decree passed by the 1 st appellate court is perverse

due to misappreciation of evidence ?

I.A.No.1 of 2022

This is an application to stay the operation and execution of judgment and

decree dated 17.11.2021 in A.S. No.173/2017 on the file of Additional District Court,

Ottappalam arising out of judgment and decree dated 25.08.2017 in

O.S.No.162/2012 on the file of Sub Court, Ottappalam.

Heard. Interim stay is granted as prayed for, for a period of one months.

Sd/-

M.R.ANITHA, JUDGE

rps/

06-07-2022 /True Copy/ Assistant Registrar