K.R. Prasanna Kumar vs K.R. Sivarajan
2024 Latest Caselaw 29674 Ker

Kerala High Court

K.R. Prasanna Kumar vs K.R. Sivarajan on 17 October, 2024

CRP No.369/2024                               1/1

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
            Thursday, the 17th day of October 2024 / 25th Aswina, 1946
                       IA.NO.1/2024 IN CRP NO. 369 OF 2024
                    EP 1/2020 OF MUNSIFF COURT, PATHANAMTHITTA
   APPLICANT/REVISION PETITIONER:

          K.R. PRASANNA KUMAR, S/O. LATE RAGHAVAN, KOLLATHARA, UTHRADOM HOUSE,
          NEDUMPRAYAR MURI, THOTTAPPUZHASSERRY VILLAGE, THIRUVALLA TALUK,
          PATHANAMTHITA DISTRICT , PIN - 689550

   RESPONDENT/RESPONDENT:

          K.R. SIVARAJAN, KULATHUVADAKKETHIL HOUSE, KOZHENCHERRY MURI &
          VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689641

        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 order dated 28.9.2024 in EA No.3/2021 in EP
   No.1/2020 in RCP No.3 fo 2017 of the Munsiff's Court, Pathanamthitta, till
   the disposal of the Civil Revision Petition.
        This Application coming on for admission upon perusing the
   application and the affidavit filed in support thereof, and upon hearing
   the arguments of SRI.M.NARENDRA KUMAR, Advocate for the petitioner, the
   court passed the following:
                                      ORDER

Admit.

Issue notice to the respondent by speed post. Notice may also be served through the counsel appearing for the respondent in EP No.1/2020 before the Munsiff's Court, Pathanamthitta.

The learned counsel for the petitioner relying on the judgment in Jisha C.K. V. K.S Antony [2023(2)KHC 215] submits that eviction cannot be ordered on the basis of a compromise until and unless the court is satisfied that there is ground for eviction and have to record satisfaction of the ground for eviction.

There will be an interim order as prayed for, for a period of one month.

Post on 18.11.2024.

Sd/- VIJU ABRAHAM JUDGE

17-10-2024 /True Copy/ Assistant Registrar