This judgment is a brief order by the High Court of Kerala on an inter-appeal application for vacating stay and striking off the appellant's defense. The order directs the appellant to deposit a balance amount within one month, with the stay to be vacated upon non-compliance. It contains no substantive legal proposition for citation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE P.BHAVADASAN
MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932
SA.No. 541 of 1997(F)
-------------------------------AS.9/1995 of I ADDL.SUB COURT, KOZHIKODE OS.368/1981 of ADDL.MUNSIFF COURT,KOZHIKODE-I
APPELLANT(S): (RESPONDENT/ DEFENDANT)
------------------------------------------------------------------
SOMASUNDARAN, S/O. VADAKKADATH BHARGAVI AMMA, PALATH AMSOM AND DESOM OF KOZHIKODE TALUK.
BY SRI.A.P.CHANDRASEKHARAN, SENIOR ADVOCATE BY ADVS. SRI.KODOTH PUSHPARAJAN SRI.M.KRISHNAKUMAR SMT.PRABHA R.MENON SRI.V.V.SURENDRAN
RESPONDENT(S): (APPELLANT/PLAINTIFF)
------------------------------------------------------------ A.GOPALAN, S/O. ATHOLOTH RARICHAN, PALATH AMSOM DESOM OF KOZHIKODE TALUK.(DECEASED)*
*RESPONDENTS 2 TO 6 IMPLEADED.
2. LAKSHMI, W/O. LATE A.GOPALAN, RESIDING IN PALATH AMSOM DESOM, KOZHIKODE TALUK.
3. RAJEEV, S/O. LATE A.GOPALAN, DO. DO.
4. JAYASREE, D/O. DO. DO.
5. SHEEBA, D/O. DO. DO.
6. RAJESH, S/O. DO. DO.
RESPONDENTS 2 TO 6 ARE IMPLEADED AS LEGAL REPRESENTATIVES OF THE DECEASED SOLE RESPONDENT AS PER ORDER DTD. 5.10.2000 ON CMP. 778/2000.
BY ADV. SRI.V.V.SURENDRAN SRI.P.A.HARISH
THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 12/07/2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.P.BALACHANDRAN, J.
I. A. Nos.1236 and 1333 of 2008 in S. A. No.541 of 1997
Dated this the 24th day of June, 2008
ORDER
I.A. No.1236/08 is an application filed
by the respondent in the appeal for vacating the stay granted by this Court and to strike off the defence of the appellants on the ground that the appellant has not obeyed the direction of this Court vide order dt.25/02/08 on I.A.1470/04 to pay the amount provided in Ext.A1 whether as rent or as profit. According to the averments of the third respondent in the affidavit accompanying I.A.1236/08, the amount payable is at the rate of Rs.180/- per month from May, 1991 onwards and that is admitted to be correct by counsel for the appellant as well. According to the counsel for the appellant, what has been deposited by the appellant by making deposit of Rs.10,000/-
-2-
S. A. No.541 of 1997
on 25/05/08 and a further sum of Rs.5,000/- on this day is only Rs.15,000/- whereas according to counsel for the respondent, the total amount to be deposited is Rs.36,900/inclusive of the amount due for June, 2008. However, the order on I.A.1470/04 do not lack any clarity. The appellant is to deposit the entire balance amount within one month from today for which period time has been extended as prayed for allowing I.A.1333/08. In case of non-payment, the stay ordered by this Court shall stand vacated.
K.P.BALACHANDRAN, JUDGE
kns/-
SOMASUNDARAN
LAKSHMI
RAJEEV
JAYASREE
SHEEBA
RAJESH
P.BHAVADASAN
K.P.BALACHANDRAN
As recorded by the court registry
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