Citation : 2023 Latest Caselaw 10926 Ker
Judgement Date : 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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