Monachan vs Mini
2023 Latest Caselaw 2030 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                     &
                 THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
           Friday, the 3rd day of February 2023 / 14th Magha, 1944
                 IA NO.2/2019 IN MAT.APPEAL NO. 466 OF 2019
                OP 809/2014 OF FAMILY COURT, PATHANAMTHITTA.
PETITIONERS/APPELLANTS/RESPONDENTS:

  1. MONACHAN, AGED 36 YEARS, S/O. THANKACHAN, MULAMOOTTIL KIZHAKKETHIL,
     VALYA MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
  2. THANKACHAN, AGED 60 YEARS, RESIDING AT MULAMOOTTIL KIZHAKKETHIL,
     VALYA MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
     DISTRICT.(DIED)
  3. MARIAMMA, AGED 58 YEARS, W/O. THANKACHAN, MULAMOOTTIL KIZHAKKETHIL,
     VALYA MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.
  4. ADDL.A4.SAJI.T., AGED 36 YEARS, S/O.LATE THANKACHAN, MULAMOOTTIL,
     KIZHAKKETHIL VALYA MURI, ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA
     DISTRICT- 691 554. (THE LEGAL REPRESENTATIVE OF THE DECEASED SECOND
     APPELLANT IS IMPLEADED AS THE ADDITIONAL 4TH APPELLANT AS PER ORDER
     DATE 02/02/2023 IN IA 1/2023.


COUNTER PETITIONERS/RESPONDENTS/PETITIONERS:


  1. MINI, AGED 32 YEARS, W/O. MONACHAN, ABIN BHAVANAM, VALYA MURI,
     ERATHU VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-689 645.
  2. ADDL.R2. MONCY, AGED 30 YEARS, S/O.LATE THANKACHAN, MULAMOOTTIL
     KIZHAKKETHIL, VALYA MURI, ERATHU VILLAGE, ADOOR TALUK,
     PATHANAMTHITTA DISTRICT - 691 554. (THE LEGAL REPRESENTATIVE OF THE
     DECEASED SECOND APPELLANT IS IMPLEADED AS ADDITIONAL SECOND
     RESPONDENT AS PER ORDER DATED 02/02/2023 IN IA 2/2023.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High court be pleased to stay all further
proceedings pursuant to the Judgment dated 05/09/2018 in O.P.No.809 of
2014 on the file of the Family Court, Pathanamthitta pending disposal of
the above Matrimonial Appeal.

     This application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
MR.K.SHAJ, Advocate for the applicants, the court passed the following:




                                                P.T.O.
               ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
              -----------------------------------------------------
                         Mat.Appeal No.466 of 2019
              ------------------------------------------------------
                  Dated this the 3rd day of February, 2023


                                    ORDER

Anil K. Narendran, J.

Despite service of notice, none appears for the 1 st

respondent. The 2nd respondent enters appearance through

counsel.

Admit.

Issue fresh notice to the 1st respondent by speed post,

returnable within four weeks.

I.A.No.2 of 2019

There will be an interim stay as prayed for, on condition

that the appellants shall furnish sufficient security for the

entire decree debt to the satisfaction of the Family Court,

Pathanamthitta, within a period of one month.

Sd/-

ANIL K. NARENDRAN, JUDGE

Sd/-

P.G. AJITHKUMAR, JUDGE PV

03-02-2023 /True Copy/ Assistant Registrar