Kokkanan Thamban vs G. Geetha Subrahmanian
2024 Latest Caselaw 26433 Ker

Kerala High Court

Kokkanan Thamban vs G. Geetha Subrahmanian on 3 September, 2024

MJC No.65/2024                                   1/1

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
                 Tuesday, the 3rd day of September 2024 / 12th Bhadra, 1946
                           MJC NO. 65 OF 2024 IN RSA.NO.680/2015

                          AS.NO.11/2010 OF THE SUB COURT,HOSDURG

                       OS.NO.274/2007 OF THE MUNSIFF COURT,HOSDURG.

   PETITIONER/APPELLANT:

          KOKKANAN THAMBAN, AGED 64 YEARS, S/O KANNAN, EX MILITARY, RESIDING
          AT VISHNUMANGALAM, PULLUR VILLAGE, HOSDURG TALUK, KASARGOD
          DISTRICT.PIN-671121

   RESPONDENTS/RESPONDENTS:

      1. G. GEETHA SUBRAHMANIAN, AGED 59 YEARS, DAUGHTER OF GOPALAKRISHNA
         IYER AND WIFE OF V K SUBRAHMANYA IYER, HOUSE HOLD, RESIDING AT
         VISHNUMANGALAM, PULLUR VILLAGE, HOSDURG TALUK, KASARGOD
         DISTRICT.PIN-671121
      2. P. KAMMARAN NAIR, AGED 63 YEARS S/O KAMMARAN NAIR, RESIDING AT
         ``KRISHNA KRIPA'', VISHNUMANGALAM, PULLUR VILLAGE, HOSDURG TALUK,
         KASARGOD DISTRICT.PIN-671121


        MJC praying that in the circumstances stated in the affidavit filed
   therewith the High Court be pleased to set aside judgment/order dated
   23.03.2024 dismissing the appeal for default and restore the appeal for
   disposal on merits, to secure the ends of justice.

        This MJC coming on for orders upon perusing the MJC and the
   affidavit filed in support thereof and this court's judgment dated
   22/03/2024 and upon hearing the arguments SRI.SURESH KUMAR KODOTH,
   Advocate for the petitioner, the Court passed the following:

                                            ORDER

Heard. Issue notice to the respondents by registered post.

Post on 15.10.2024.

It is made clear that mere pendency of the MJC is not a ground to stall the execution of the decree in the suit of the year 2007.

Registry shall inform the same to the trial Court for further steps.

Sd/- A. BADHARUDEEN, JUDGE

03-09-2024 /True Copy/ Assistant Registrar