Subala vs Sushama
2024 Latest Caselaw 16800 Ker

Kerala High Court

Subala vs Sushama on 12 June, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
         Wednesday, the 12th day of June 2024 / 22nd Jyaishta, 1946
                    IA.NO.1/2021 IN RSA NO. 262 OF 2021
                      AS 51/2013 OF SUB COURT ,ATTINGAL
                   OS 272/2004 OF MUNSIFF COURT,ATTINGAL
PETITIONER/APPELLANT:

     SUBALA, AGED 80 YEARS, DAUGHTER OF RAGHAVAN, CHARUVILAPUTHEN VEEDU,
     PATTATTHIL MURI, MELTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,
     PIN-695104.

COUNTER-PETITIONER/RESPONDENT:

     SUSHAMA, AGED 72 YEARS, DAUGHTER OF RAGHAVAN CHARUVILAPUTHEN VEEDU,
     PATTATTHIL MURI, MELTHONNAKKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT,
     PIN-695104.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the
execution/enforcement and operation of the decree and judgment in
OS.No.272 of 2004 on the file of the Munsiff Court of Attingal till the
disposal of the appeal.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof and orders dated 24.03.2022 and
09.11.2022 in IA 1/2021 and IA 1/2022 respectively and upon hearing the
arguments of SRI.V.SURESH, SRI.G.SUDHEER, SRI.R.HARIKRISHNAN,Advocates for
the petitioner and of M/S.M.P.RAMNATH, P.RAJESH (KOTTAKKAL),
K.J.SEBASTIAN, M.VARGHESE VARGHESE, S.SANDHYA, BEPIN PAUL, SHALU VARGHESE,
S.DEEPAK, ANTHONY THARIAN, K.S AKSHAY MOHAN, GENTLE C.D., Advocates for
the Respondent, the court passed the following:
                                    C.S.SUDHA, J.
                    -------------------------------------------------
                    R.S.A.Nos.262 of 2021 and 278 of 2021
                                            &
                       I.A.No.1/2021 in R.S.A.262 of 2021
                    --------------------------------------------------
                      Dated this the 12th day of June 2024

                                      ORDER

The appeal is admitted on the following substantial questions of

law:-

i) Did the courts go wrong in failing to raise an issue

regarding res judicata in the light of Exts.A2 and A11?

ii) Did the courts go wrong in appreciating the principle

of burden of proof?

iii) Did the courts go wrong in finding title in favour of

the respondent/plaintiff in the absence of any satisfactory

evidence?

2. Advocate M.P.Ramnath takes notice for the respondent. Call for

the records.

I.A.No.1/2021 in R.S.A.262 of 2021

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

next hearing date.

R.S.A.Nos.262 of 2021 and 278 of 2021 & I.A.No.1/2021 in R.S.A.262 of 2021

For final hearing to 06/12/2024.

Sd/-

C.S.SUDHA JUDGE ak

12-06-2024 /True Copy/ Assistant Registrar