Bijeev vs Mathew George
2024 Latest Caselaw 14482 Ker

Citation : 2024 Latest Caselaw 14482 Ker
Judgement Date : 31 May, 2024

Kerala High Court

Bijeev vs Mathew George on 31 May, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE C.S. SUDHA
           Friday, the 31st day of May 2024 / 10th Jyaishta, 1946
                     IA.NO.1/2024 IN RSA NO. 203 OF 2024
                      AS 9/2022 OF SUB COURT,KOTTARAKARA
                 OS 366/2014 OF MUNSIFF COURT, KOTTARAKARA
APPLICANT/APPELLANT:

     BIJEEV, AGED 46 YEARS, S/O.SASIDHARAN, SIVAPRASADAM, MELILA P.O.,
     MELILA VILLAGE, KOTTARAKARA TALUK, KOLLAM - 691508

RESPONDENT/RESPONDENT:

     MATHEW GEORGE, AGED 50 YEARS, S/O. GEORGE, VADAKE NEELAMVILA VEEDU,
     KURA P.O., VADAKODUMURI, THALAVOOR VILLAGE, PATHANAPURAM TALUK,
     KOLLAM - 691557

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
and execution of judgment dated 19.02.2024 in AS.No.9/2022 on the file of
Court of Subordinate Judge, Kottarakara and Judgment dated 30.11.2021 in
OS.No.366/2014 on the file of Munsiff Court,Kottarakara, pending the
disposal of the Regular Second Appeal.
     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.S.MOHAMMED AL RAFI, THAJUNA MARIA FRANCIS, S.R.AJITH, Advocates for
the petitioner, and of SRI ALEXANDER GEORGE,Advocate for
respondent(Caveator),the court passed the following:
                                 C.S.SUDHA, J.
                ----------------------------------------------------
                            R.S.A.No.203 of 2024
                                       and
               I.A.No.1 of 2024 in R.S.A.No.203 of 2024

                ----------------------------------------------------
                   Dated this the 31st day of May, 2024

                                   ORDER

Heard the learned counsel for the appellant.

2. The appeal is admitted on the following substantial

questions of law:-

(i) Whether the trial court committed any

illegality in not separately framing necessary

issues in the two suits in accordance with Order

14 Rule 1 of Code of Civil Procedure?

ii) Whether appellate court erred in failing to

exercise its jurisdiction under Order 41 Rule 25

of Code of Civil Procedure?

iii) Whether the trial court and the first appellate

court committed an illegality in directing the

appellant to surrender plaint schedule property R.S.A.No.203 of 2024 and I.A.No.1 of 2024 in R.S.A.No.203 of 2024

to the respondent even after finding that the

respondent is in possession of the plaint

schedule property?

Issue notice to the respondent.

Call for TCR.

Post on 20/12/2024.