Balan vs Kaduthamacheril Kudumba Trust
2024 Latest Caselaw 15038 Ker

Kerala High Court

Balan vs Kaduthamacheril Kudumba Trust on 4 June, 2024

RSA No.313/2023                                          1/1

                                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                    PRESENT
                                 THE HONOURABLE MRS. JUSTICE C.S.SUDHA
                             Tuesday, the 4th day of June 2024/ 14th Jyaishta, 1946
                                     IA. NO.1/2023 IN RSA NO. 313 OF 2023
                          OS 45/2008 OF MUNSIFF-MAGISTRATE COURT, SASTHAMCOTTA
                                 AS 20/2016 OF SUB COURT, KARUNAGAPPALLY


   PETITIONER/APPELLANT:


          BALAN, AGED 66 YEARS, S/O SHANKARAN, RESIDING AT KAPPISSERIL VEEDU, EDACKADU
          MURI, PORUVAZHI VILLAGE, KOLLAM DISTRICT, PIN - 690520

   RESPONDENTS/RESPONDENTS:

      1. KADUTHAMACHERIL KUDUMBA TRUST, EDAKKADU MURI, PORUVAZHI VILLAGE, KOLLAM
          DISTRICT , PIN - 690520, REPRESENTED BY ITS SECRETARY.
      2. KRISHNAN, AGED 51 YEARS, S/O RAMAN, RESIDING AT MALYIL PUTHEN VEEDU,
          CHATHANAKULAM P.O., VADAKKEMURI, PORUVAZHI VILLAGE, KOLLAM DISTRICT, PIN -
          690520, (THE SECRETARY OF KADUTHAMCHERIL KUDUMBA TRUST)
      3. KADUTHAMACHERIL KUDUMBA TRUST, REPRESENTED BY ITS PRESIDENT, VISWANATHAN,
          AGED 48 YEARS, S/O GOPALAN, KALIKKAL VEEDU, EDAKKADU MURI, PORUVAZHY VILLAGE,
          KOLLAM DISTRICT , PIN - 690520
      4. PERUVIRUTHI MALANADA DEVASWOM, EDACKADU MURI, PORUVAZHI VILLAGE, KOLLAM
          DISTRICT, PIN - 690520, REPRESENTED BY ITS SECRETARY.
      5. MALANADA DEVASWOM, EDACKADU MURI, PORUVAZHI VILLAGE, REPRESENTED BY IT'S
          SECRETARY, PORUVAZHY VILLAGE, KOLLAM DISTRICT, PIN - 690520


          Application praying that in the circumstances stated in the affidavit filed therewith the High
   Court be pleased to stay the operation of decree and judgment dated 27.02.2023 in AS.No.20/2016 on
   the file of Sub Court, Karunagappally restricting right of appellant over the Moorthikkavu in Plaint C
   schedule property till the disposal of this Appeal.



          This Application again coming on for orders upon perusing the application and the affidavit
   filed in support thereof and this Court's order dated 18.03.2024 and upon hearing the arguments of
   M/S.A.JANI (KOLLAM), NISA FASIL(KOLLAM), Advocates for the petitioner, the court passed the
   following:


                                                   ORDER

Interim order granted in IA.No.1/2023 dated 29.05.2023 shall stand extended till the next hearing date.

Call for TCR.

Post for hearing on 03.01.2025.

Sd/- C.S.SUDHA,JUDGE

04-06-2024 /True Copy/ Assistant Registrar