Jinu Eapen Varghese vs Leelamma Eappen
2022 Latest Caselaw 10772 Ker

OP(C) No.1343/2022                           1/3

                         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT
                            THE HONOURABLE MR.JUSTICE C.S.DIAS
                Friday, the 21st day of October 2022 / 29th Aswina, 1944

                                  OP(C) NO. 1343 OF 2022


                     CMA 40/2021 OF ADDITIONAL DISTRICT COURT, KOTTAYAM

                       OS 462/2021 OF ADDL.MUNSIFF COURT, KOTTAYAM

   PETITIONER/PLAINTIFFS IN THE SUIT:

          JINU EAPEN VARGHESE, AGED 48 YEARS, S/O K.V. EAPEN,
          PADINJAREKOLLETTU HOUSE, VELLOOR P.O., VELLOOR KARA, PAMPADY
          VILLAGE, KOTTAYAM TALUK, KOTTAYAM, PIN - 686003

   RESPONDENTs/ DEFENDANTS IN THE SUIT:

      1. LEELAMMA EAPPEN, AGED 72 YEARS, W/O K.V. EAPPEN, PADINJAREKOLLETTU
         HOUSE, VELLOOR P.O., VELLOOR KARA, PAMPADY VILLAGE, KOTTAYAM
         TALUK, KOTTAYAM DISTRICT, PIN - 686003

           And another..


        OP (Civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to stay
   the operation of Exhibit P9 order and respondents may be restrained from
   felling the trees mentioned in the plaint item No. 2 schedule pending
   OP(C).


        This petition again coming on for orders upon perusing the petition
   and the affidavit filed in support of OP(C) and this court's order dated
   22-07-2022 and upon hearing the arguments of M/S S.MANU, K.S.PRENJITH
   KUMAR & BEA MARY BENNY, Advocates for the petitioner and of
   M/S.P.A.AUGUSTINE (AREEKEL) & CRISTO S.PARIYARAM, Advocates for R1 and
   SRI.RONY AUGUSTINE, Advocate for R2, the court passed the following:

                                                                           (p.t.o)
 OP(C) No.1343/2022                          2/3




                                      O R D E R

The petitioner seeks time to file reply affidavit to the counter affidavit filed by the first respondent.

The interim order dated 22.07.2022 is extended by three months.

The Court of the Addl. Munsiff, Kottayam is directed to proceed with the determination of the suit as stipulated by the Court of the Addl. District Judge-I, Kottayam in the judgment dated 30.06.2022 in CMA No.40/2021.

Sd/- C.S.DIAS, JUDGE

21-10-2022 /True Copy/ Assistant Registrar OP(C) No.1343/2022 3/3