Purushothama vs Afroz Banu
2024 Latest Caselaw 13859 Ker

Kerala High Court

Purushothama vs Afroz Banu on 28 May, 2024

RSA No.691/2021                                         1/1

                                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                   PRESENT
                                  THE HONOURABLE MRS.JUSTICE C.S.SUDHA
                            Tuesday, the 28th day of May 2024 / 7th Jyaishta, 1946
                                    IA.NO.1/2021 IN RSA NO. 691 OF 2021
                                   AS 17/2019 OF SUB COURT, KASARAGOD
                           OS 234/2003 OF PRINCIPAL MUNSIFF COURT, KASARAGOD
   PETITIONER/APPELLANT:

          PURUSHOTHAMA, AGED 57 YEARS, S/O SHEKHARA, RESIDING AT D.NO.V/416, MULINJA
          VILLAGE, UPPALA P.O, MANJESHWAR TALUK, KASARAGOD DISTRICT, PIN-671322.

   RESPONDENTS/RESPONDENTS:

      1. AFROZ BANU ,AGED 69 YEARS, W/O SAYYED YUSUF, RESIDING AT KURCHIPALLA, UPPALA
          VILLAGE AND POST, MANJESHWAR TALUK, KASARAGOD DISTRICT-671322.
      2. ENAYATHULLA YUSUF, AGED 46 YEARS S//O SAYYED YUSUF, RESIDING AT KURCHIPALLA,
          UPPALA VILLAGE AND POST, MANJESHWAR TALUK, KASARAGOD DISTRICT-671322.
      3. FATHIMABI ,AGED 72 YEARS, W/O ABDUL MAJEED, RESIDING AT MAJALU, NEAR SAPHIRE
          THEATRE COMPLEX, MULINJA VILLAGE, UPPALA P.O, MANJESHWAR TALUK, KASARAGOD
          DISTRICT, PIN-671322.
      4. MOHAMMED RIYAS ,AGED 47 YEARS, S/O ABDUL MAJEED, RESIDING AT MAJALU, NEAR SAPHIRE
          THEATRE COMPLEX, MULINJA VILLAGE, UPPALA P.O, MANJESHWAR TALUK, KASARAGOD
          DISTRICT, PIN-671322.


          Application praying that in the circumstances stated in the affidavit filed therewith the High
   Court be pleased to stay all further proceedings pursuant to the decree and judgment dated
   08.04.2021 in AS.No.17/2019 on the file of the Subordinate Judge of Kasargod,on appeal as against
   the decree and judgment dated 15.02.2019 in OS.No.234/2003 on the file of the Principal Munsiff
   Court, Kasaragod, pending final disposal of the above Regular Second 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 27.03.2024, and upon hearing the arguments of
   M/S.PUSHPARAJAN KODOTH, K.JAYESH MOHANKUMAR, B.DEEPAK, VANDANA MENON & VIMAL VIJAY,
   Advocates for the petitioner, and SRI. MILLU DANDAPANI,Advocate for respondents 1 & 2, the court
   passed the following:

                                                    ORDER

Interim order as sought for in IA.No.1/2021 is granted till the next hearing date.

Post on 02.09.2024.

Sd/- C.S.SUDHA, JUDGE

28-05-2024 /True Copy/ Assistant Registrar