Koyakutty vs Komalam
2022 Latest Caselaw 7236 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
           Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
                      IA.NO.1/2022 IN RSA NO. 58 OF 2019
                     AS 18/2017 OF SUB COURT,PERUMBAVOOR
                  OS 325/2014 OF MUNSIFF COURT,PERUMBAVOOR
PETITIONER/APPELLANT:

     KOYAKKUTTY AGED 54 YEARS S/O. HYDROSE,POONCHERY HOUSE, KUNJATTUKARA,
     EDATHALA, ALUVA EAST VILLAGE,ALUVA TALUK,ERANAKULAM DISTRICT.

RESPONDENT/RESPONDENT:

     KOMALAM AGED,60 YEARS W/O.SAHADEVAN, KOOVAPPADAM KARA, RAMESWARAM
     VILLAGE, KOCHI TALUK NOW RESIDING AT COCHIN CORPORATION VIII/763/A,
     THEVALIL HOUSE, MATTANCHERY.P.O., MATTANCHERY KARA, MATTANCHERY
     VILLAGE, KOCHI TALUK.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an interim
order to stay all further proceedings in FDA No.936/17 in O.S.325/2014 on
the files of Munsiff,s Court,Perumbavoor in the interest of justice,till
the disposal of the above appeal.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of V.M.ALI, SMT.SMITHA C.GOPI, Advocates for the petitioners, the court
passed the following:
                                      M.R.ANITHA, J.
                        -----------------------------------------------
                                   R.S.A. No.58 of 2019
                        -----------------------------------------------
                          Dated this the 23rd day of June, 2022

                                             ORDER

Admit.

Issue notice to the respondent.

Substantial question of law formulated as follows:

(i) Whether Ext.A1 Sale Deed was executed as a security for the amount borrowed from the plaintiff?

(ii) Whether the judgment and decree of courts below is perverse due to misappreciation of evidence?

Balance court fee paid within 15 days.

I.A. No.1 of 2022

There will be an interim stay of all further proceedings in FDA

No.936/17 which arise out of O.S. No.325/2014 on the files of

Munsiff's Court, Perumbavoor, for a period of four months.

Sd/-

M.R.ANITHA JUDGE SMF

23-06-2022 /True Copy/ Assistant Registrar