Kerala High Court
C.P.Sasidharan vs Geetha on 26 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
Thursday, the 26th day of May 2022 / 5th Jyaishta, 1944
IA.NO.1/2022 IN RSA NO. 274 OF 2022
AS 40/2017 OF ADDITIONAL DISTRICT COURT -II (SPECIAL COURT), KOTTAYAM
OS 247/2013 OF PRINCIPAL SUB COURT ,KOTTAYAM,
APPLICANT/APPELLANT IN RSA:
C.P.SASIDHARAN, AGED 81 YEARS, S/O LATE PAPPU, CHIRACKATHUNDIYIL HOUSE, KALOOR
DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, PRESENTLY ADOPTED THE NAME OF
SWAMI SANATHANANANDA PURI, SREE RAMAKRISHNA PURANJANANANDA ASHRAM AND
VEDANTHA RESEARCH CENTRE, CHEMPU, VAIKOM, KOTTAYAM DISTRICT, PIN - 686608.
RESPONDENTS/RESPONDENTS IN RSA:
1. GEETHA, AGED ABOUT 61 YEARS, W/O LATE C.P. DINESHAN, CHIRACKATHUNDIYIL HOUSE,
TAGORE STREET, KALOOR DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
DISTRICT, PIN - 682017.
2. DIVYA, AGED ABOUT 38 YEARS, D/O LATE C. P. DINESHAN, CHIRACKATHUNDIYIL HOUSE,
TAGORE STREET, KALOOR DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
DISTRICT, PIN - 682017.
3. DRISHYA, AGED ABOUT 33 YEARS, D/O LATE C. P. DINESHAN, CHIRACKATHUNDIYIL HOUSE,
TAGORE STREET, KALOOR DESOM, ELAMKULAM VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
DISTRICT, PIN - 682017.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to pass an order of stay of operation of and of proceedings in execution of the
decree dated 31.10.2016 in OS.No.247 of 2013 on the file of the Principal Subordinate Judge's Court,
Kottayam, 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.P.B.KRISHNAN, P.B.SUBRAMANYAN, SABU
GEORGE, MANU VYASAN PETER, Advocates for the petitioner and of SRI. V.RAJENDRAN
(PERUMBAVOOR), Advocate for the respondent 1(caveator), the court passed the following:
SHIRCY V, J
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RSA.No.274 of 2022
&
I.A.No.1 of 2022 in RSA No.274 of 2022
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Dated this the 26th day of May, 2022
ORDER
Heard. Admit.
The following substantial questions of law are formulated
for consideration:
i) Whether the lower appellate court is justified in rendering a
judgment without reference to the Written Arguments, oral
submissions and the binding decisions cited in support of the Appeal ?
ii) Has not the lower appellate court erred in confirming the
decree for recovery of possession of the plaint schedule properties
overlooking the fact that the bar under Sec.4(2) of the Benami
Transactions (Prohibition) Act, 1988 is not applicable as the case on
hand falls within the exceptions to that provision ?
iii) Has not the lower appellate court erred in not considering
the broad probabilities of the case, in the light of the tests and
circumstances enumerated by the Hon'ble Supreme Court, while
holding that the Defendant could not prove that he obtained the
property in the name of the Plaintiff as a trustee ?
iv) Whether the lower appellate court is justified in holding that
in order to create trust in relation to an immovable property, execution
of a non-testamentary instrument in writing signed by the author of the
trust is necessary ?
RSA.No.274 of 2022
Mr..V.Rajendran counsel for caveator appears for the 1 st
respondent. Issue notice to respondents 2 and 3 by speed post.
I.A.No.1 of 2022
All further proceedings in the execution petition in
O.S.No.247 of 2013 on the file of the Principal Subordinate Judge's
Court, Kottayam shall stand stayed for a period of three months.
Sd/-
SHIRCY V
JUDGE
mpm
26-05-2022 /True Copy/ Assistant Registrar
