Vinish vs Aravindakshan
2023 Latest Caselaw 12896 Ker

Kerala High Court

Vinish vs Aravindakshan on 8 December, 2023

Author: Sathish Ninan

Bench: Sathish Ninan

RFA No.87/2023                           1/2

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
           Friday, the 8th day of December 2023 / 17th Agrahayana, 1945
                        IA.NO.1/2023 IN RFA NO. 87 OF 2023
                   OS 426/2011 OF PRINCIPAL SUB COURT, PALAKKAD
   PETITIONERS/APPELLANTS/DEFENDANTS 2,3,4 & 5:

      1. VINISH, AGED 37 YEARS , SON OF SRI. SETHU, RESIDING AT MOOLAYIL,
         AYILUR POST, CHITTUR TALUK, PALAKKAD DISTRICT, KERALA, PIN-678510
         REPRESENTED BY POWER OF ATTORNEY HOLDER MR. SUDHEESH S., AGED 39
         YEARS, SON OF SRI. SETHU, RESIDING AT MOOLAYIL, AYILUR POST, CHITTUR
         TALUK, PALAKKAD DISTRICT, KERALA, PIN - 678510
      2. ANITHA, WIFE OF LATE SRI.SURESH, AGED ABOUT 39 YEARS, SETHULAKSHMI
         HOUSE, MOOLA, AYILUR, NENMARA, CHITTUR TALUK, PALAKKAD DISTRICT,
         KERALA, PIN-678510 PRESENTLY RESIDING AT 17/1, THANDAL RAMAN STREET,
         SANGANOOR, RATHINAPURI VTC, COIMBATORE DISTRICT , RATHINAPURI P.O.,
         TAMIL NADU, PIN - 641027
      3. ABHINAV, SON OF LATE SRI. SURESH, AGED 19 YEARS ,SETHULAKSHMI HOUSE,
         MOOLA, AYILUR, NENMARA, CHITTUR TALUK, PALAKKAD DISTRICT,
         KERALA,PIN- 678510 PRESENTLY RESIDING AT 17/1, THANDAL RAMAN STREET,
         SANGANOOR, RATHINAPURI VTC, COIMBATORE DISTRICT , RATHINAPURI P.O.,
         TAMIL NADU, PIN - 641027
      4. ANU (MINOR) ALIAS ANASWARA, DAUGHTER OF LATE SRI. SURESH, AGED 13
         YEARS, SETHULAKSHMI HOUSE, MOOLA, AYILUR, NENMARA, CHITTUR TALUK,
         PALAKKAD DISTRICT, KERALA, PIN - 678510 REPRESENTED BY MOTHER AND
         NATURAL GUARDIAN ANITHA, WIFE OF LATE SRI. SURESH, AGED ABOUT 39
         YEARS, SETHULAKSHMI HOUSE, MOOLA, AYILUR, NENMARA, CHITTUR TALUK
         PALAKKAD DISTRICT, KERALA, PIN-678510 PRESENTLY RESIDING AT 17/1,
         THANDAL RAMAN STREET SANGANOOR, RATHINAPURI VTC, COIMBATORE DISTRICT
         , RATHINAPURI P.O.,TAMIL NADU,PIN- 641027

   RESPONDENTS/RESPONDENTS/PLAINTIFF/1ST DEFENDANT:

      1. ARAVINDAKSHAN, AGED 56 YEARS, SON OF SRI. MAYANDI, RESIDING AT
         KAMALALAYAM, KALLAMPARAMBU, THAVALAKKULAM, NENMARA , VALLANGI
         VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT, KERALA, PIN - 678508
      2. SURESH, AGED 32 YEARS,SON OF SRI. SETHU, RESIDING AT MOOLAYIL,
         AYILUR POST, CHITTUR TALUK, PALAKKAD DISTRICT, KERALA, PIN -
         678510 (DIED)

        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 dated 11/11/2022 in O.S No.426 of 2011 on the
   files of the Honorable court of the Principal Subordinate Judge, Palakkad,
   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 M/S.LUKE J CHIRAYIL, ELSA MARY THOMAS, AMAL JOSE, JASNI JALAL,
    Advocates for the petitioners , the court passed the following:
 RFA No.87/2023                                2/2

                                         ORDER

Interim order is extended for a period of two weeks.

Sd/- SATHISH NINAN JUDGE

08-12-2023 /True Copy/ Assistant Registrar