Premakumar vs Ramachandran
2023 Latest Caselaw 8696 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         Wednesday, the 9th day of August 2023 / 18th Sravana, 1945
                    IA.NO.1/2023 IN RSA NO. 208 OF 2023
      FDIA 645/2013 IN OS 44/2011 OF MUNSIFF- MAGISTRATE COURT,PONNANI
                       AS 42/2016 OF SUB COURT, TIRUR
PETITIONER/APPELLANT:

     PREMAKUMAR, AGED 54 YEARS, S/O KORU, MUNDAN VALAPPIL
     (H),EZHUVATHIRUTHY AMSOM DESOM,PIN - 679577, PONNANI TALUK,
     MALAPPURAM DISTRICT.

RESPONDENTS/RESPONDENTS:

  1. RAMACHANDRAN, AGED 66 YEARS, S/O KORU, MUNDANVALAPPIL (H),
     EXHUVATHIRUTHY AMSOM DESOM,PIN - 679577,PONNANI TALUK, MALAPPURAM
     DISTRICT.
  2. HARIDASAN, AGED 63 YEARS, S/O KORU, MUNDAN VALAPPIL (H),
     EZHUVATHIRUTHY AMSOM DESOM - PIN - 679577, PONNANI TALUK, MALAPPURAM
     DISTRICT.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of the judgments and decrees in AS.42/2016 before the Court of Sub
Court,Tirur dated 30.01.2020 filed against FDIA.645/2013 in OS.44/2011
before the Munsiff Magistrate Court, Ponnani dated 22.03.2016, pending
disposal of this 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.JAMSHEED HAFIZ, K.K.NESNA, T.S.SREEKUTTY, Advocates for the
petitioner and of M/S.       MINI M.R., VINOD RAVINDRANATH, MEENA.A.
K.C.KIRAN,M.DEVESH, ASHWIN SATHYANATH, ANISH ANTONY ANATHAZHATH, THAREEQ
ANVER K.,Advocates for the respondent 2, the court passed the following:
               SATHISH NINAN, J.
             ---------------------
               RSA.No.208 of 2023
        ----------------------------
   Dated this the 9th day of August, 2023

                           O R D E R

Admit. The following substantial question of

law is raised for consideration in the appeal:

"Having held that the 1st respondent is not

entitled for reservation, was the first

appellate court right in having directed

that the house be allotted to the 1st

respondent?"

Adv.Vinod Ravindranath takes notice for

R2. Notice to R1 by speed post. Appellant is

also permitted to serve notice on the counsel

appearing for the 1st respondent in the

execution proceedings, showing the date of

appearance as 16/08/2023 and file a memo

evidencing service of such notice.

I.A.No.1 of 2023

Interim stay of execution of the decree for

a period of one month.

Sd/-

SATHISH NINAN JUDGE rsr

09-08-2023 /True Copy/ Assistant Registrar