Ranjan K John vs Lysa Sathyababu
2024 Latest Caselaw 16254 Ker

Kerala High Court

Ranjan K John vs Lysa Sathyababu on 10 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
           Monday, the 10th day of June 2024 / 20th Jyaishta, 1946
                     IA.NO.1/2021 IN RSA NO. 662 OF 2021
             AS 72/2019 OF II ADDITIONAL DISTRICT COURT, KOLLAM
                    OS 22/2016 OF SUB COURT, KOTTARAKKARA
PETITIONER/APPELLANT:

     RANJAN K.JOHN, AGED 59 YEARS, (WRONGLY SHOWN AS RANJAN JOHN IN THE
     IMPUGNED JUDGMENT), S/O. JOHN, KUNDUMON VEEDU, ALAYAMON, ALAYAMON
     VILLAGE, PATHANAPURAM TALUK.

RESPONDENT/RESPONDENT/PLAINTIFF:

     LYSA SATHYABABU, AGED 63 YEARS, W/O. SATHYABABU, SRUTHI NILAYAM,
     NETTETHARA, KURIYODU, CHADAYAMANGALAM VILLAGE, KOTTARAKKARA TALUK -
     691534.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in OS.No.22 of 2016 of the Sub Court, Kottarakkara, pending
final disposal of this appeal.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and this Court's order dated
27.03.2024 in RSA and upon hearing the arguments of M/S.GEORGE
VARGHESE(PERUMPALLIKUTTIYIL), A.R.DILEEP, P.J.JOE PAUL, MANU SRINATH,
Advocates for the petitioner and of SRI.LATHEESH SEBASTIAN, Advocate for
the Respondent, the court passed the following:
                                         C.S.SUDHA, J.
                   --------------------------------------------------------------
                                     RSA No.662 of 2021
                                                 &
                                       I.A. No.1 of 2021
                  ---------------------------------------------------------------
                           Dated this the 10th day of June, 2024
                                          ORDER

The appeal is admitted on the following substantial questions of

law:

i) Did the first appellate court err in finding the suit to be within

the period of limitation?

ii) Did the first appellate court err in appreciating the principle of

burden of proof?

iii) Did the first appellate court err in granting the relief to the

respondent/plaintiff based on Ext.A1?

2. Issue notice to the respondent.

For return of notice, post on 05/08/2024.

Interim order as sought for in I.A. No.1/2021 is granted till the next

hearing date.

Sd/-

C.S.SUDHA JUDGE NP

10-06-2024 /True Copy/ Assistant Registrar