Citation : 2023 Latest Caselaw 9668 Ker
Judgement Date : 8 September, 2023
RSA No.555/2023 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Friday, the 8th day of September 2023 / 17th Bhadra, 1945
IA.NO.1/2023 IN RSA NO. 555 OF 2023
AS 33/2016 OF SUB COURT,ATTINGAL
OS 373/2006 OF MUNSIFF COURT,ATTINGAL
PETITIONERS/APPELLANTS/APPELLANTS/DEFENDANTS:
1. NASEEMA, D/O AYISHA UMMAL, AJMAL COTTAGE, KIDINAMKULAM VILLAGE,
CHANNANKARA PO, THIRUVANANTHAPURAM-695301
2. SHERIN, D/O NASEEMA, AJMAL COTTAGE, KIDINAMKULAM VILLAGE,
CHANNANKARA PO, THIRUVANANTHAPURAM - 695301
3. AJMAL, S/O NASEEMA, AJMAL COTTAGE, KIDINAMKULAM VILLAGE, CHANNANKARA
PO, THIRUVANANTHAPURAM - 695301,REPRESENTED BY POWER OF ATTORNEY
HOLDER NASEEMA,D/O.AIYISHA UMMAL.
RESPONDENT/RESPONDENT/RESPONDENT/PLAINTIFF:
NAJUMUDEEN,S/O YOOSUFF, KOORAVUVILA VEEDU, KIDINAMKULAM VILLAGE,
CHANNANKARA PO, THIRUVANANTHAPURAM - 695301
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 dated 27.02.2023 in AS.No.33/2016 on the files
of Sub Court, Attingal which arises from the judgment and decree in
OS.No.373/2006 on the files of Munsiffs Court,Attingal till the disposal
of the appeal 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 M/S.E.M.MURUGAN, P.R.PRATEESH, P.RAKESH , K.R.LEKSHMI,Advocates for the
petitioners and of SRI. J.JAYAKUMAR,Advocate for the
respondent(Caveator), the court passed the following:
ORDER
The learned counsel for the appellant would submit that execution petition has been pending to execute the decree impugned. Therefore, there shall be a stay in executing the decree for a period of four weeks.
Sd/- A. BADHARUDEEN, JUDGE
08-09-2023 /True Copy/ Assistant Registrar
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