Pulikkal Kunhalankutty vs Nasriya
2023 Latest Caselaw 972 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
          Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
                     IA.NO.1/2022 IN RSA NO. 773 OF 2022
                        AS 45/2016 OF SUB COURT,TIRUR
                      OS 341/2013 OF MUNSIFF COURT,TIRUR
PETITIONERS/APPELLANTS:

  1. PULIKKAL KUNHALANKUTTY,71 YEARS, S/O.MUHAMMED MASTER, PO.PARAPPUR,
     TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676503.
  2. IYYATHUTTY,66 YEARS, D/O.KUNNATHODI MOIDEEN, P.O.PARAPPU,
     TIRURANGADI TALUK, MALAPPURAM DISTRICT - 676503

RESPONDENTS/RESPONDENTS:

  1. NASRIYA, AGED 32 YEARS, W/O.KAMBRATH PULIKKODAN SHAMEER SULTHAN,
     D/O.PARAPPUKADAVATH KUNHIMUHAMMED, PUTHOOR AMSOM-DESOM, PARAPPUR PO,
     TIRURANGADI TALUK, MALAPPURAM DISTRICT- 676503.
  2. KAMBRATH PULIKKODAN SHAMEER SULTHAN, AGED 37 YEARS, PUTHOOR AMSOM-
     DESOM, PARAPPUR P.O., TIRURANGADI TALUK, MALAPPURAM DISTRICT -
     676503.

     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 in AS.45/2016 passed by the Court of Sub
Court,Tirur dated 27.09.2022 filed against judgment and decree OS.341/2013
passed by the Munsiff Court,Tirur dated 10.02.2016, 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,Advocates for the petitioners, the court
passed the following:
                                 M.R.ANITHA, J.
                          =========================
                            R.S.A. No. 773 of 2022
                          =========================
                    Dated this the 17th day of January 2023


                                         ORDER

Admit.

Issue notice to the respondents.

Substantial question of law is formulated as follows:

1. Whether the judgment and decree passed

by the First Appellate Court is perverse due to mis-

appreciation of evidence ?

I.A. No. 1/2022

Petition to stay the operation of the judgment and

decree in A.S. 45/2016 passed by the Sub Court, Tirur

filed against the judgment and decree in O.S. No.

341/2013 passed by the Munsiff Court , Tirur.

Heard. There will be an interim stay as prayed for,

for a period of three months.

Sd/-

M.R. ANITHA

JUDGE LU

17-01-2023 /True Copy/ Assistant Registrar