Vijayan vs Palliyath Kumaran
2022 Latest Caselaw 5930 Ker

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

                           Tuesday, the 31st day of May 2022 / 10th Jyaishta, 1944
                                   IA No.1/2022 IN RSA NO. 253 OF 2022
                            OS 109/2010 OF PRINCIPAL SUB COURT,THALASSERY

                       AS 125/2012 OF IV ADDITIONAL DISTRICT COURT,THALASSERY




   APPELLANT/PETITIONER:

          VIJAYAN, THEN WORKING AS CIRCLE INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION,
          VALAPATTANAM P.O, KANNUR DISTRICT- 670 010, NOW AGED 48, S/O. T.K. BHASKARAN,
          RESIDING IN THE ADDRESS THIRUNELLICHIRA HOUSE, TV PURAM P.O, VAIKOM, KOTTAYAM
          DISTRICT- 686 606, PRESENTLY WORKING AS DEPUTY SUPERINTENDENT OF POLICE,
          CHERTHALA, ALAPPUZHA DISTRICT.


   RESPONDENTS/RESPONDENTS:

      1. PALLIYATH KUMARAN, AGED 81, S/O. ACHUTHAN, PERMANENTLY RESIDING IN THE ADDRESS
          ''VIMAL", PUTHIYATHERU, CHIRAKKAL P.O, KANNUR DISTRICT, PIN CODE- 670 008.
      2. KOTTIYAL MOHANAN, AGED 66,S/O. K.KORAN, KOTTIYAL HOUSE, THRICHAMBARAM,
          TALIPARAMBA P.O, KANNUR DISTRICT- PIN CODE 670 141.
      3. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL STATION, KANNUR
          DISTRICT, PIN CODE- 670 001.


      Application praying that in the circumstances stated in the affidavit filed therewith the High Court be
pleased to stay the operation of the judgment and decree in AS.No.125 of 2012 on the file of the Additional
District Judge-No.4, Thalassery dated 27.10.2021 pending consideration of the above second appeal 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 SRI.G.SREEKUMAR (CHELUR), Advocate for the petitioner and of
the Government Pleader for the 3rd respondent,the court passed the following:
                                       M.R.ANITHA, J
                                      ******************
                                  R.S.A.No.253 of 2022
                      -----------------------------------------------------
                        Dated this the 31st day of May, 2022

                                         ORDER

Heard. Admit. Issue notice to respondents 1 and 2.

Learned Government Pleader takes notice for the third

respondent.

2. Substantative question of law is formulated as follows:

Whether the finding of the appellate court that the

appellant/1st defendant threatened and compelled the plaintiff/1 st

respondent is arbitrary and whimsical and on misappreciation of

evidence of 1st respondent/plaintiff and against the mandate of

Order XLI Rule 31 and 32 of the Code of Civil Procedure?

I.A.No.01 of 2022

Heard. There will be an interim stay of operation of

judgment as against the appellant/1st defendant in A.S.No.125 of

2012 on the file of Additional District Judge No.4, Thalassery

dated 27.10.2021 for a period of three months.

(sd/-) M.R.ANITHA, JUDGE

jsr

31-05-2022 /True Copy/ Assistant Registrar