Beatrice Cleetus vs Hilda Naserath
2023 Latest Caselaw 3333 Ker

RSA No.558/2019                               1/1

                      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.1/2019 IN RSA NO. 558 OF 2019
                  OS 867/2004 OF PRINCIPAL MUNSIFF COURT , KOLLAM
               AS 141/2015 OF III ADDITIONAL DISTRICT COURT, KOLLAM
   PETITIONERS/APPELLANTS/DEFENDANTS:

      1. BEATRICE CLEETUS, AGED 59 YEARS, W/O.CLEETUS, RESIDING AT LASIJA
         BHAVAN, PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503 (FIRST
         DEFENDANT).
      2. CLEETUS, AGED 63 YEARS, S/O.YOHANNAN, RESIDING AT LASIJA BHAVAN,
         PERAYAM CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503 (SECOND
         DEFENDANT).

   RESPONDENTS/RESPONDENTS/PLAINTIFFS:

      1. HILDA NASERATH, AGED 67 YEARS, RESIDING AT PUTHUSSERYVILA VEEDU,
         KUMBALAM CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503(FIRST
         PLAINTIFF).
      2. JACOB, AGED 59 YEARS, RESIDING AT PUTHUSSERYVILA VEEDU, KUMBALAM
         CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503(SECOND PLAINTIFF).
      3. FRANCIS, AGED 64 YEARS, RESIDING AT PUTHUSSERYVILA VEEDU, KUMBALAM
         CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503(THIRD PLAINTIFF).
      4. VIVANCIYA, AGED 49 YEARS, RESIDING AT KATTUVILA KADAVIL, KUMBALAM
         CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503(FOURTH PLAINTIFF).
      5. VALSALAKUMARI, AGED 46 YEARS, RESIDING AT KATTUVILA KADAVIL VEEDU,
         KUMBALAM CHERRY, MULAVANA VILLAGE, KOLLAM TALUK-691503(FIFTH
         PLAINTIFF).

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to issue an order of
   staying the judgment dated 28th February 2019 in AS.No.141 of 2015 in the
   Court of the III Additional District Judge, Kollam and the Judgment and
   Decree dated 22.06.2015 in OS.No.867 of 2004 of the Principal Munsiff's
   Court,Kollam till the disposal of the Second 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 20.02.2023 in IA.1/2022 and upon hearing the arguments of
   SRI.S.SREEKUMAR (KOLLAM), Advocate for the petitioners and of
   SRI.A.JANI, Advocate for respondents 1,3 to 5, the court passed the
   following:
                                      ORDER

Interim order already granted is extended for three months.

Sd/- M.R.ANITHA, JUDGE

23-03-2023 /True Copy/ Assistant Registrar