Kerala High Court
Leena vs Sudhakaran Rajesh on 8 November, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Wednesday, the 8th day of November 2023 / 17th Karthika, 1945
IA.NO.2/2023 IN RFA NO. 104 OF 2023
OS 357/2011 SUB COURT,ATTINGAL
PETITIONERS/APPELLANTS/DEFENDANTS 2 AND 1:
1. LEENA, D/O.BABY GIRIJA, AGED 53, NOW RESIDING AT VASANTHAGIRI,
PANDAKASHALA, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN -
695304
2. PRADEEP, S/O.GOVINDAN, AGED 49 YEARS, PANAYIL VEEDU, PULINTHURUTHY
KADAKAM, SARKARA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT,
PIN-695304. THE 2ND APPELLANT IS REPRESENTED BY THE 1ST APPELLANT
WHO IS HIS WIFE AND POWER OF ATTORNEY, LEENA, D/O.BABY GIRIJA, AGED
52, NOW RESIDING AT VASANTHAGIRI, PANDAKASHALA, CHIRAYINKKEEZHU,
THIRUVANANTHAPURAM DISTRICT, PIN - 695304
RESPONDENTS/RESPONDENTS/PLAINTIFF AND 3RD DEFENDANT:
1. SUDHAKARAN RAJESH, S/O.SUDHAKARAN, AGED 38 YEARS, RESIDING AT
SARASWATHY BHAVAN, SARKARA, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM
DISTRICT, PIN 695304
2. THE STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, CIVIL
STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN -695043
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to modify the order
dated 24.07.2023 in IA.No.1 of 2023 and permit the appellants to produce a
Fixed Deposit for Rs.11,50,000/-(Rupees Eleven Lakhs Fifty Thousand only)
instead of furnishing a bank guarantee, pending final disposal of this
first appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.M.R.RAJESH, SANDHYA E.S., Advocates for the petitioners and of M/S.
K.KUSUMAM, K.KALESH, P.T.MARY, ACHUTHAN K., Advocates for the respondents,
the court passed the following:
SATHISH NINAN, J.
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I.A.No.2 of 2023
in
R.F.A.No.104 of 2023
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Dated this the 8th day of November, 2023
ORDER
I.A.No.2 of 2023
The appeal is filed challenging the decree and judgment in a
suit for money. On 24.07.2023, this Court passed an order in
I.A.No.1 of 2023 granting an interim stay for three months subject
to the condition that the appellants furnishes Bank Guarantee for
the decree amount, inclusive of interests and costs, within a period
of two months from the said date. On 28.10.2023, the interim
order was extended until further orders.
2. Now, I.A.No.2 of 2023 has been filed by the appellants
stating that they were unable to comply with the interim direction
in I.A.No.1 of 2023 with regard to furnishing of Bank Guarantee
and that they are ready to produce a Fixed Deposit Certificate from
a Nationalized Bank as security for the decree amount, inclusive of
interest and costs. They sought for permission to produce an F.D
Receipt for Rs.11,50,000/- instead of furnishing the Bank
I.A.No.2 of 2023
in
Guarantee.
3. Heard the learned counsel for the appellants and the
respondents.
4. Whether it be in be the form of a Bank Guarantee or Fixed
Deposit, all that is necessary is that the interests of the respondent
plaintiff should be taken care of.
Accordingly it is ordered that, in modification of the order dated
24.07.2023 in I.A.No.1 of 2023, the appellants are permitted to
produce a Fixed Deposit from a nationalised Bank for the decree
amount, inclusive of interest and costs, before the Execution Court
with lien marked thereon in respect of the liability in question. The
same shall be furnished within two weeks from today. The Court shall
before accepting the same, consider whether the deposit is sufficient
to satisfy the decree amount, inclusive of interest and costs.
I.A. ordered accordingly.
Post the appeal on 30.11.2023 to ascertain regarding deposit.
Sd/-
SATHISH NINAN, JUDGE
AS
08-11-2023 /True Copy/ Assistant Registrar
