Citation : 2023 Latest Caselaw 3176 Ker
Judgement Date : 23 March, 2023
RSA No.848/2020 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Thursday, the 23rd day of March 2023 / 2nd Chaithra, 1945
IA.NO.1/2020 IN RSA NO. 848 OF 2020
AS 9/2019 OF SUB COURT, PALA
OS 256/2014 OF MUNSIFF COURT, PALA
PETITIONERS/APPELLANTS:
1. LAKSHMI, AGED 86 YEARS, W/O.SREEDHARAN, PALARA HOUSE, VELLILAPALLY VILLAGE,
EZAHACHERRY KARA, EZAHACHERRY P.O., PIN CODE-686 651, MEENACHIL TALUK, PALA,
KOTTAYAM DISTRICT, REPRESENTED BY THE NEXT FRIEND, THE 2ND APPELLANT, SHAJI, AGED
49 YEARS, S/O.SREEDHARAN, PALARA HOUSE, VELLILAPPALLY VILLAGE, EZHACHERRY KARA,
EZHACHERRY P.O., MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, PIN CODE-686 651.
(DIED,RECORDED)
2. SHAJI, AGED 49 YEARS, S/O.SREEDHARAN, PALARA HOUSE, VELLILAPPALLY VILLAGE,
EZHACHERRY KARA, EZHACHERRY P.O., MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, PIN
CODE-686 651.
ADDL A3. SHYJA- RESPONDENT NO.3 IS TRANSPOSED AS ADDL.A3 AS PER ORDER DATED 29/6/22 IN
IA 1/22
(THE DEATH OF FIRST APPELLANT IS RECORDED AS PER ORDER DATED 04.07.2022 VIDE MEMO
DATED 28.03.2022 IN RSA 848/2020)
RESPONDENTS/RESPONDENTS:
1. LAILA M.,AGED 55 YEARS, W/O.SASI, POOVATHUMKAL HOUSE, VELLILAPPALLY VILLAGE,
EZHACHERY KARA, EZHACHERRY P.O., MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, PIN
CODE-686 651.
2. SASI, AGED 63 YEARS, S/O.KUTTAPPAN, POOVATHUMKAL HOUSE, VELLILAPPALLY VILLAGE,
EZHACHERY KARA, EZHACHERRY P.O., MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, PIN
CODE-686 651.
3. SHYJA, AGED 44 YEARS, W/O.SHAJI, POOVATHUMKAL HOUSE, VELLILAPPALLY VILLAGE,
EZHACHERY KARA, EZHACHERRY P.O., MEENACHIL TALUK, PALA, KOTTAYAM DISTRICT, PIN
CODE-686 651. (RESPONDENT NO.3 IS TRANSPOSED AS APPELLANT NO 3 AS PER ORDER
DATED 29.06.2022 IN IA 1/2022.)
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 27.11.2018 in
OS.No.256/2014 of the Munsiff Court,Pala pending disposal of the above appeal.
This Application again coming on for orders upon perusing the application and the affidavit
filed in support thereof and this Court's order dated 29.09.2022 and upon hearing the arguments of
M/S.BOBBY MATHEW KOOTHATTUKULAM,P.M.NATESAN,V.S.ARCHANA CHANDRAN, Advocates for the
petitioners and of SRI.THOMSTINE K.AUGUSTINE, SRI.K.C.THOMAS (PALA), Advocates for the
respondents 1 and 2, the court passed the following:
ORDER
Interim order already granted is extended for three months from 04.04.2023.
RSA No.848/2020 2/2
Sd/- M.R.ANITHA,JUDGE
23-03-2023 /True Copy/ Assistant Registrar
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