Nibras vs Subair
2023 Latest Caselaw 4719 Ker

RSA No.24/2023                                   1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM



                                           PRESENT

                      THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                   Wednesday, the 12th day of April 2023 / 22nd Chaithra, 1945

                            IA.NO.1/2023 IN RSA NO. 24 OF 2023

                 AS 38/2017 OF ADDITIONAL DISTRICT COURT, OTTAPALAM

                 OS 212/2013 OF MUNSIFF- MAGISTRATE COURT,PATTAMBI

APPLICANTS/APPELLANTS:


   1. NIBRAS, AGED 54 YEARS, S/O. SIDIQUE MUSLIYAR, PUTHANPURAKAL,
      KOZHIKKARA DESOM, KAPPUR AMSOM, KAPPUR POST, PATTAMBI TALUK,
      PALAKKAD DISTRICT, PIN-679 552.

   2. SINEENA, AGED 41 YEARS, W/O.NIBRAS, PUTHANPURAKAL, KOZHIKKARA DESOM,
      KAPPUR AMSOM, KAPPUR POST, PATTAMBI TALUK, PALAKKAD DISTRICT, PIN-679
      552.

   3. RYAHANATH, AGED 39 YEARS, W/O. MUJEEB, PUTHANPURAKAL, KOZHIKKARA
      DESOM, KAPPUR AMSOM, KAPPUR POST, PATTAMBI TALUK, PALAKKAD DISTRICT,
      PIN-679 552.


RESPONDENTS/RESPONDENTS:


   1. SUBAIR, AGED 48 YEARS, S/O.MOIDUNNI MUSILIYAR, CHEENIKKAL PARAMBIL
      HOUSE, KOZHIKKARA DESOM, KAPPUR AMSOM, KAPPUR POST, PATTAMBI
      TALUK, PALAKKAD DISTRICT, PIN-679 552.

   2. MUJEEB, AGED 57 YEARS, S/O. SIDIQUE MUSLIYAR, PUTHANPURAKAL,
      KOZHIKKARA DESOM, KAPPUR AMSOM, KAPPUR POST, PATTAMBI TALUK,
      PALAKKAD DISTRICT, PIN-679 552.


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 passed in
AS.No.38/2017 of Additional District Court,Ottapalam dated 28.10.2022 and to pass an ad-
interim order to that effect till the disposal of the Regular Second Appeal.

This Application again coming on for orders upon perusing the application and the
affidavit filed in support thereof, and this Court's order dated 11.01.2023 and upon hearing
the arguments of M/S.R.SREEHARI, P.B.KRISHNAN, HAMZA A.V., Advocates for the
petitioners and of SRI.RAJESH KUMAR,Advocate for R2(By Order), the court passed the
following:
 RSA No.24/2023                                    2/2

                                                        ORDER

Interim order already granted is extended for three months.

Sd/-M.R.ANITHA,JUDGE

12-04-2023 /True Copy/ Assistant Registrar