Citation : 2023 Latest Caselaw 11349 Ker
Judgement Date : 27 October, 2023
RSA No.323/2022 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.BADHARUDEEN
Friday, the 27th day of October 2023 / 5th Karthika, 1945
IA.NO.1/2022 IN RSA NO. 323 OF 2022
OS 226/2009 OF MUNSIFF COURT,ALUVA
AS 25/2019 OF ADDITIONAL DISTRICT COURT, NORTH PARAVUR
PETITONERS/APPELLANTS/RESPONDENTS 2 TO 8/DEFENDANTS 2 TO 8:
1. GEORGE AGED 77 YEARS S/O.LATE JOSEPH, NJAVALINGAL HOUSE, RESIDING IN BUILDING
NO.XV/198 OF SREEMULANAGARAM PANCHAYATH, CHOWARA KARA, CHOWARA VILLAGE,
ERNAKULAM DISTRICT, PIN - 683571.
And others
RESPONDENTS/RESPONDENTS/APPELLANT & 1ST RESPONDENT/PLAINTIFF & 1ST DEFENDANT:
1. NISHAPADUKA CARMOLITHA MISSIONARY COVENTHA, MANJUMMEL REPRESENTED BY ITS
PROVINCIAL PROCURATOR FR.HYPPOLITUS KATTIKAT, AGED 58 YEARS, S/O. JOSPEH, RESIDING
AT CARMOLITE MONASTERY, SEMETHERY JUNCTION, ERNKAULAM., PIN - 683501.
And another
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to pass an order staying the execution of the decree dated 31-03-2021 in AS
No.25/2019 on the file of Additional District Court,North Paravoor by which judgment and decree
dated 31-01-2019 in OS No.226/2009 on the file of Munsiff's Court, Aluva was set aside, pending
disposal of the above RSA.
This Application again coming on for orders upon perusing the application and the affidavit
filed in support thereof and this Court's order dated 02.06.2023 in I.A.1/2022 and upon hearing the
arguments of M/s. SABU THOZHUPPADAN, ANTONY VARGHESE, AJWIN P LALSON, BIJU
THOZHUPPADAN, DEVI P. PRATHAPAN, ANOOJ K SUDHARMAN, AMRUTHA P.M., MANJU LUCKOSE,
Advocates for the Petitioners, M/s. PHILIP T.VARGHESE, P.GEORGE WILLIAM, THOMAS T.VARGHESE,
ACHU SUBHA ABRAHAM, V.T.LITHA, K.R.MONISHA, ALEX THOMAS, ARJUN RAJA P.C., SREENATH
VIJAYARAGHAVAN, Advocates for the 1st Respondent and of M/S.VINOD RAVINDRANATH, A.MEENA,
K.C.KRIAN, M.R.MINI, M.DEVESH, ASHWIN SATHYANATH, ANISH ANTONY ANATHAZHATH & THAREEQ
ANVER K., Advocates for the 2nd Respondent, the court passed the following
ORDER
Interim order shall continue till 17.11.2023.
Sd/-A.BADHARUDEEN,JUDGE
27-10-2023 /True Copy/ Assistant Registrar
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