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Surendranatha Kurup vs State Of Kerala
2023 Latest Caselaw 10926 Ker

Citation : 2023 Latest Caselaw 10926 Ker
Judgement Date : 25 October, 2023

Kerala High Court
Surendranatha Kurup vs State Of Kerala on 25 October, 2023
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        Wednesday, the 25th day of October 2023 / 3rd Karthika, 1945
                    IA.NO.1/2022 IN RSA NO. 607 OF 2022


                    AS 31/2014 OF SUB COURT, THIRUVALLA
                  OS 315/2012 OF MUNSIFF COURT, THIRUVALLA
PETITIONER/APPELLANT:

  1. SURENDRANATHA KURUP, AGED 67 YEARS S/O. LATE KOCHUKUNJU KURUP,
     NADUVILEMURIYIL HOUSE, CHERIYAKUNNAM MURI, PERUMPETTY VILLAGE,
     MALLAPPALLY TALUK. PIN - 689592.

RESPONDENTS/RESPONDENTS:

  1. STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR, PATHANAMTHITTA,
     COLLECTORATE, PATHANAMTHITTA, PIN -689645.

    And Others

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an order
staying the operation and execution of judgment in AS.No.31/2014 of Sub
Court,Thiruvalla by confirming the judgment and decree in OS.No.315/2012
dated 05.03.2014 of Munsiff Court,Thiruvalla till final disposal of the
above Regular Second Appeal, in the best 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 29.09.2023 and upon hearing the arguments of M/S.P.HARIDAS,
BIJU HARIHARAN, SHIJIMOL M.MATHEW, P.C.SHIJIN, RISHIKESH HARIDAS, GREESHMA
T.G., Advocates for the petitioner and of Government Pleader for R1 to R4
(B/O), M/S.R.GIREESH VARMA, V.K. NANDAKUMAR, Advocates for R5, R6 and R7,
the court passed the following:
                       A. BADHARUDEEN J.
             =====================

                     R.S.A No. 607 of 2022

          ========================

        Dated this the 25th day of October, 2023

                         ORDER

Notices to respondents 8, 9, 16, 18, and 19 have not been

served so far. Therefore, the appellant is directed to take steps to

issue notices to respondents 8, 9, 16, 18, and 19 within a period

of seven days.

2. Notice issued against respondents 12, 14, 23 and 24

returned with endorsement "unclaimed". Hence, service against

them declared sufficient. Respondent No. 10 has been reported no

more. Therefore, the appellant is directed to take necessary steps

to implead the legal representatives (LRs) of respondent No. 10, R.S.A No. 607 of 2022

if any, within a period of seven days from today.

Post after three weeks.

I.A.No.1/2022:-

Interim order shall stand extended for a period of three

weeks.

Sd/-

A. BADHARUDEEN JUDGE RMV

25-10-2023 /True Copy/ Assistant Registrar

 
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