Saraswathy vs Moly
2024 Latest Caselaw 33251 Ker

Kerala High Court

Saraswathy vs Moly on 15 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
         Friday, the 15th day of November 2024 / 24th Karthika, 1946
                             RSA NO. 136 OF 2018
           AS 342/2012 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA
              OS 118/2011 OF ADDITIONAL SUB COURT, IRINJALAKUDA
APPELLANT/3RD RESPONDENT/3RD DEFENDANT:

     SARASWATHY AGED 70 YEARS, D/O. RAMAN, PUTHUSSERRY HOUSE, KOLATHUR
     DESOM, NELLAYI VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

    BY ADV SRI.K.S.BHARATHAN
RESPONDENTS/ APPELLANT AND RESPONDENTS 1,2,4 AND 5/ PLAINTIFF AND DEFENDANTS
1,2,4 AND 5:

  1. MOLY AGED 50 YEARS W/O. JOSE, KAVUNGAL HOUSE, MARATHAMPILLY,
     KODAKARA VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT PIN-680683.
  2. VIJAYAN AGED 64 YEARS S/O. RAMAN, PUTHUSSERRY HOUSE, KOLATHUR DESOM,
     NELLAYI VILLAGE, MUKUNDAPURAM TALUK,THRISSUR DISTRICT PIN-680683.
  3. SATHI (DIED), AGED 55 YEARS D/O. RAMAN, PUTHUSSERRY HOUSE, KOLATHUR
     DESOM, NELLAYI VILLAGE, MUKUNDAPURAM TALUK, PIN-680683, THRISSUR
     DISTRICT.(THE 2ND RESPONDENT IS RECORDED AS THE LEGAL HEIR OF THE
     DECEASED 3RD RESPONDENT AS PER ORDER DATED 02.11.2024 IN MEMO DATED
     14.03.2024)
  4. BABU AGED 50 YEARS S/O. RAMAN, PUTHUSSERRY HOUSE, KOLATHUR DESOM,
     NELLAYI VILLAGE, MUKUNDAPURAM TALUK, PIN-680683, THRISSUR DISTRICT.
  5. BABY AGED 50 YEARS D/O. RAMAN, PUTHUSSERRY HOUSE, KOLATHUR DESOM,
     NELLAYI VILLAGE, MUKUNDAPURAM TALUK, PIN-680683, THRISSUR DISTRICT.
  6. (ADDL) SAVITHA VIJAYAN, D/O VIJAYAN, AGED 42 YEARS, A 203 NEW IDEAL
     PARK, NEAR MAHARASHTRA FURNITURE PLAZA, BEHIND DIAMOND TOWERS,
     TIRUPATI NAGAR PHASE-2, VIRUR WEST- 401303
  7. (ADDL) VINOD VIJAYAN S/O VIJAYAN, AGED 34 YEARS, A 203 NEW IDEAL
     PARK, NEAR MAHARASHTRA FURNITURE PLAZA, BEHIND DIAMOND TOWERS,
     TIRUPATI NAGAR PHASE-2, VIRUR WEST- 401303 (THE LEGAL HEIRS OF
     DECEASED 3RD RESPONDENT ARE IMPLEADED AS ADDITIONAL RESPONDENTS 6
     AND 7 AS PER ORDER DATED 13.11.2024 IN IA.1/2024)

    R1 BY M/S ADVS.LINDONS C.DAVIS, E.U.DHANYA, N.S.SHAMILA, CHINJU P.
    JOYIES
    R2, R4 TO R7 BY ADV SHANKAR V.
     This Regular second appeal having come up for orders on 15.11.2024,
the court on the same day passed the following:
                            M.A.ABDUL HAKHIM, J.
                          =====================
                                 RSA No. 136 of 2018
                              ================
                     Dated this the 15th day of November, 2024
                     ============================
                                       ORDER

1. This Regular Second Appeal is admitted on the substantial

questions of law numbers i to iv formulated in the

Memorandum of Appeal.

2. There will be an interim stay of the judgment and decree of

the First Appellate Court on condition that the appellant

furnishes security for the decree amount to the satisfaction of

the Execution Court, for a period of two months.

3. Post on 14/01/2025.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms

15-11-2024 /True Copy/ Assistant Registrar