Kerala High Court
Bijomon Thomas vs Manoj Joseph on 16 May, 2023
RSA No.324/2023 1/2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Tuesday, the 16th day of May 2023 / 26th Vaisakha, 1945
IA.NO.1/2023 IN RSA NO. 324 OF 2023
AS 80/2017 OF ADDITIONAL DISTRICT COURT-II (SPECIA), KOTTAYAM
O.S.NO.212/14 OF MUNSIFF COURT, ETTUMANOOR
PETITIONER/APPELLANT:
BIJOMON THOMAS, AGED 42 YEARS, S/O LATE P.L. THOMAS, PAINEL HOUSE,
ATHIRAMPUZHA P.O, PADINJATTUMBHAGOM KARA, ATHIRAMPUZHA VILLAGE,
KOTTAYAM TALUK, PIN - 686562
RESPONDENTS/RESPONDENTS:
1. MANOJ JOSEPH, AGED 45 YEARS, S/O VARKEY JOSEPH, THARAPPEL HOUSE,
ATHIRAMPUZHA P.O, PADINJATTUBHAGAM KARA, ATHIRAMPUZHA VILLAGE,
KOTTAYAM TALUK, KOTTTAYAM DISTRICT, PIN - 686562
2. BABU GEORGE, AGED 50 YEARS ,S/O P.J. GEORGE, PUTHUSSERY HOUSE,
ATHIRAMPUZHA P.O, PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686562
3. ATHIRAMPUZHA GRAMA PANCHAYAT REP. BY ITS SECRETARY, ATHIRAMPUZHA
P.O, , ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN
- 686562
4. THRESSIAMMA THOMAS, AGED 75 YEARS, W/O THOMAS, PAINEL HOUSE,
ATHIRAMPUZHA P.O, PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE,
KOTTAYAM TALUK, KOTTAYAM DISTRICT, PIN - 686562
5. P.L. THOMAS (DIED)
6. P.M. SEBASTIAN, AGED ABOUT 77 YEARS, S/O MATHEW, PUTHUSSERIL HOUSE,
PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686562
7. ROY JOSEPH, AGED 51 YEARS, S/O JOSEPH, THARAPPEL HOUSE,
PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686562
8. BIJUMON GEORGE, AGED 45 YEARS, S/O T.V. GEORGE, THARAPPEL HOUSE,
PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686562
9. BENNY GEORGE, AGED 43 YEARS ,S/O T.V. GEORGE, THARAPPEL
HOUSE, PADINJATTUMBHAGAM KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM TALUK,
KOTTAYAM DISTRICT, PIN - 686562 LEGAL HEIRS OF
DECEASED 4TH RESPONDENT /4TH DEFENDANT
10. BIJUMOL JAMES, AGED 50 YEARS, W/O. JAMES, PUNNAKKAPPILLY HOUSE,
ATHIRAMPUZHA P.O, PIN - 686562
11. BINDUMOL THOMAS, AGED 48 YEARS, D/O LATE P.L. THOMAS, PAINEL HOUSE,
ATHIRAMPUZHA P.O, PIN - 686562
12. BINUMOL THOMAS, AGED 40 YEARS, D/O LATE P.L. THOMAS, PAINEL HOUSE,
ATHIRAMPUZHA P.O, PIN - 686562
RSA No.324/2023 2/2
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
of the decree and judgment passed in A.S No.80/2017 decreeing
O.S.No.212/2014 in the file of Munsiff's court, Ettumanoor 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.ABRAHAM P.GEORGE, SMT.M.SANTHY, Advocates for the petitioners, the
court passed the following:
ORDER
On a consideration of the averments in the affidavit filed in support of the
application and the materials on record, I am satisfied that the petitioner is
entitled to an interim order. Hence, I stay the execution of the decree and
judgment in A.S No. 80/2017 of the court of Additional District Judge -II (Special )
Kottayam, decreeing O.S.No.212/2014 of the court of the Munsiff, Ettumanoor, for
a period of two months.
Sd/- C.S.DIAS JUDGE
16-05-2023 /True Copy/ Assistant Registrar
