Raveendran vs Lalitha on 25 August, 2021

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Kerala High Court

Raveendran vs Lalitha on 25 August, 2021

Bench: V.G.Arun

OP(C) No.963/2021                          1/4




                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE V.G.ARUN
                Wednesday, the 25th day of August 2021 / 3rd Bhadra, 1943

                                 OP(C) NO. 963 OF 2021


IA No.1/2020& IA No.3/2021 in AS 86/2020 OF ADDITIONAL DISTRICT COURT- IV,
KOLLAM.

   PETITIONER:

          RAVEENDRAN AGED 51 YEARS S/O.SIVADASAN, NEZHICHERRY THODIYIL,
          THEKKECHERRY, KANJAVELI P.O., THRIKKARUVA VILLAGE, KOLLAM TALUK.

   RESPONDENTS:

       1. LALITHA AGED 75 YEARS D/O.BHARATHI, PUTHENPURAYIL, VANMALA, THEKKE
          CHERRY, KANJAVELI P.O., THRIKARUVA VILLAGE, KOLLAM TALUK - 691 602.

       2. GIRISH KUMAR @ ASOKAN AGED 53 YEARS S/O.GOPALAKRISHNAN,
          PUTHENPURAYIL, VANMALA, THEKKECHERRY, KANJAVELI P.O., THRIKKARUVA
          VILLAGE, KOLLAM TALUK - 691 602.
       3. GANESH KUMAR AGED 45 YEARS S/O.GOPALAKRISHNAN, PUTHENPURAYIL,
          VANMALA, THEKKE CHERRY, KANJAVELI P.O., THRIKKARUVA VILLAGE, KOLLAM
          TALUK - 691 602.
       4. GEETHA BAI AGED 55 YEARS D/2O.GOPALAKRISHNAN, PUTHENPURAYIL ,
          VANMALA, THEKKE CHERRY, KANJAVELI P.O., THRIKKARUVA VILLAGE, KOLLAM
          TALUK - 691 602.


        OP (Civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to stay
   Exhibit P3 the impugned order dated 14-12-2020 of Additional District
   Court- IV, Kollam till the disposal of the original petition (civil)


        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   Sri. H.VISHNUDAS Advocate for the petitioners, the court passed the
   following:

                                                                            [PTO]
 OP(C) No.963/2021                      2/4




        ExhibitP3-Certified copy of the order dated 14/12/2020 in IA
   No.1/2020 in AS No.86/2020
 OP(C) No.963/2021                        3/4




                                   V.G.ARUN, J.
                               =======================
                                 OP(C)No.963 of 2021
                             ---------------------------
                      Dated this the 25th day of August,2021



                                       ORDER

The petitioner is aggrieved by the interim order in A.S.No.86 of 2020 of the Additional District Court-IV, Kollam, whereby the court has stayed the operation of the trial court's judgment and the decree, in purported exercise of the power under Order 41 Rule 5 of CPC. The specific contention of the petitioner is that Rule 5 of Order 41 CPC does not empower the appellate court to stay the operation of the judgment and decree and the appellate court can only stay the execution of the decree, that too for sufficient cause. It is pointed out that the petitioner has filed the I.A.No.3 of 2021 seeking review of the order on the specific ground mentioned above. Learned counsel submits that after hearing the I.A., the court has posted the application along with the appeal.

OP(C) No.963/2021 4/4

OP(C)No.963 of 2021 2

2. I find prima facie merit in the contentions put forth. At any rate, the petitioner having moved an interlocutory application raising a legal ground, the court should pass orders thereon. Hence, there shall be an interim order directing the Additional District Court - IV, Kollam to take up I.A.No.3 of 2021 in A.S.No.86 of 2020 on the next posting date and to pass orders thereon within one week.

Post on 07.09.2021.

Sd/-

V.G.ARUN JUDGE SCS 25-08-2021 /True Copy/ Assistant Registrar

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