Justina Theodor vs Jisha Raj
2023 Latest Caselaw 2744 Ker

RFA No.144/2022                           1/2

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                   THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
                                         &
                  THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
            Wednesday, the 1st day of March 2023 / 10th Phalguna, 1944
                       IA.NO.1/2022 IN RFA NO. 144 OF 2022
                    OS 359/2010 OF PRINCIPAL SUB COURT, KOLLAM
   PETITIONERS/APPELLANTS:

      1. JUSTINA THEODOR, AGED 67 YEARS, W/O THEODOR, RESIDING AT SHRINE
         VIEW, THAZHATHU CHERRY, MEENAD VILLAGE, CHATHANOOR, KOLLAM - 691572.

    AND OTHERS

   RESPONDENTS/RESPONDENTS:

      1. JISHA RAJ, AGED 40 YEARS, W/O OMANAKUTTAN, RESIDING AT JISHA NIVAS,
         ASHRAMAM CHERRY, KOLLAM EAST VILLAGE, KOLLAM 691 002.

    AND OTHERS


          Application praying that in the circumstances stated in the

   affidavit filed therewith the High Court be pleased to stay the

   operation/execution of the impugned decree and judgment dated 30.09.2021

   in O.S.No.359/2010 on the file of the Principal Sub Judge, Kollam in the

   interest of justice



          This Application again coming on for orders upon perusing the
   application and the affidavit filed in support thereof, and this Court's

   order dated 23.08.2022, and upon hearing the arguments of M/S.THOMAS

   ABRAHAM, MERCIAMMA MATHEW, ASWIN.P.JOHN, R.ANANTHAPADMANABAN, THAYYIB SHA

   P.S., Advocates for the petitioners and of M/S.S.R.PRASANTH, BHANU THILAK,

   Advocates for R1, the court passed the following:

                                      ORDER

The appellants are defendants 1 to 4 in a suit for specific

performance of an agreement for sale or in the alternative for refund of

advance sale consideration and compensation. The decree was granted only

for recovery of advance amount.

This Court, on 23.08.2022, while staying the execution of the RFA No.144/2022 2/2

decree, directed the appellants to furnish security. It is seen that

security is not furnished so far.

The appellants are directed to furnish security within one month.

The interim stay will continue subject to the condition as above. We make

it clear that in the event of the appellants failing to comply with the

condition as above, they will not be entitled to get the benefit of the

order of stay.

Sd/- A.MUHAMED MUSTAQUE, JUDGE

Sd/- SHOBA ANNAMMA EAPEN, JUDGE

01-03-2023 /True Copy/ Assistant Registrar