Thulasi P G vs Kerala State
2022 Latest Caselaw 8057 Ker

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

                       Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
                                 IA.NO.1/2022 IN RSA NO. 170 OF 2022
                                    AS 66/2020 OF SUB COURT, PALA
                            OS 296/2017 OF MUNSIF COURT, KANJIRAPPALLY
PETITIONER/APPELLANT:

       THULASI. P.G.,W/O.MANOJ KUMAR, EX-SERVICE COLONY, BLOCK NO. 168, KOLLAMULA
       VILLAGE, MANNADISSALA P O, PATHANAMTHITTA DISTRICT, PIN - 686511

RESPONDENTS/RESPONDENTS:

   1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM - 686002
   2. DEPUTY TAHSILDAR, TALUK OFFICE, KANJIRAPALLY - 686507

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay the operation of the impugned judgment and decree in AS.No.66 of 2020 of
the Sub Court,Pala,dated 04.01.2022, in the interest of justice.
       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.G.BHAGAVAT SINGH, KELU BHAGAVAT,
Advocates for the petitioner, the court passed the following:
                                       M.R.ANITHA, J.
                         -----------------------------------------------
                                    R.S.A. No.170 of 2022
                         -----------------------------------------------
                           Dated this the 29th day of June, 2022

                                              ORDER

Admit.

Learned Public Prosecutor takes notice.

Call for lower court records.

Substantial question of law is formulated as follows:

(i) Whether Gopinathan Nair was a defaulter as contemplated under Section 44(1) at the time of transfer of property in favour of sister in law ?

(ii) Whether transfer of property by Gopinathan Nair to Sobhanakumari is hit under Section 44(3) of the Act?

I.A. No.1 of 2022

There will be an interim stay of operation of the impugned

judgment and decree in A.S. No.66/2020 on the file of Sub Court,

Pala, dated 04.01.2022 for a period of three months.

Sd/-

M.R.ANITHA JUDGE SMF

29-06-2022 /True Copy/ Assistant Registrar