Citation : 2023 Latest Caselaw 6914 Ker
Judgement Date : 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Thursday, the 22nd day of June 2023 / 1st Ashadha, 1945
IA.NO.1/2022 IN RFA NO. 41 OF 2022
OS 220/2005 OF PRINCIPAL SUB COURT,ATTINGAL, THIRUVANANTHAPURAM
PETITIONER/APPELLANT:
SHEELA RANI , AGED 59, D/O LATE SIVARAJAN, DWARAKA NO. 1, NEAR
RAILWAY STATION, KADAKKAVUR, THIRUVANANTHAPURAM 695 309.
RESPONDENTS/RESPONDENTS:
1. S.RAVEENDRAN NAIR, AGED 63,S/O. SANKARAPILLAI, SUDINAM,
VILAYILMOOLA, KEEZHATTINGAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,
PIN- 695 325.
2. SURESH KUMAR, AGED 52 , S/O. SIVARAJAN, CHERIYANTHAL VEEDU,
KADAKKAVOOR DESOM, THIRUVANANTHAPURAM DISTRICT, PIN- 695 351.
REPRESENTED BY POWER OF ATTORNEY HOLDER, K.R. RAJAN, THUSHARA,
THEKKUMBHAGOM, KADAKKAVOOR, THIRUVANANTHAPURAM DISTRICT.
*SURESH KUMAR ,SREELAKSHMI, (DWARAKA NO .I) NEAR RAILWAY STATION ,
KADAKKAVUR VILLAGE, KADAKKAVUR, THIRUVANANTHAPURAM DISTRICT,
PIN-695325(PRESENT ADDRESS)
THE PRESENT ADDRESS OF THE 2ND RESPONDENT IS INCORPORATED IN THE APPEAL
MEMORANDUM AS PER ORDER DATED 21.07.2022 IN IA 4/2022.
THE NAME AND STATUS OF THE POWER OF ATTORNEY HOLDER IS REMOVED FROM THE
APPEAL MEMORANDU AS PER ORDER DATED 21.07.2022 IN IA 3/2022.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of Judgment and Decree dated 15/6/2015 in O.S.No.220/2005 on the file of
the Sub Court, Attingal, pending disposal of the R.F.A 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 SRI.R.ANILKUMAR, Advocate for the petitioner and of SRI.M.R.RAJESH,
SMT.SANDHYA E.S. Advocates for R1, the court passed the following:
Sathish Ninan, J.
==============================
R.F.A No.41 of 2022
==========================
Dated this the 22nd day of June, 2023
ORDER
Though on 17.03.2022 this Court has ordered notice to
the respondents, it is seen that there is no formal order
admitting the appeal.
Admit.
Adv. Sri.M.R.Rajesh takes notice for 1 st respondent.
Issue notice by special messenger to the 2 nd respondent.
Messenger is also empowered to serve notice by affixture.
I.A No.1 of 2022
The decree being one for realisation of money it is
ordered that the interim order of stay granted by this Court
on 17.03.2022 will continue for a period of two months on
condition that the appellant furnishes security for the
decree amount inclusive of interest and costs to the
satisfaction of the trial court, within a period of one
month from today.
Sd/-
Sathish Ninan, Judge
vdv
22-06-2023 /True Copy/ Assistant Registrar
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