T P AZEEZ Vs. M KUTTIAMOO

JUDGEMENT

(1.) Petitioners are defendants 3 and 4 in O.S.No.1/2004 on the file o the Munsiff Court, Thalassery. They are the appellants 3 and 4 in A.S.No.118/2010 on the file of the Sub Court, Thalassery. Suit filed by the plaintiff for declaratory reliefs was decreed by the trial court and granted 4 declarations and other consequential reliefs. Appellants moved before the lower appellate court for stay of operation of the judgment and decree in the suit. The lower appellate court passed Ext.P8 order dismissing the petition for stay.

(2.) Heard both sides.

(3.) The learned counsel for the respondent did not oppose the request of the petitioners for stay of operation of the judgment and decree in O.S.No.1/2004 except declaration No.3 in the Ext.P4 judgment passed by the trial court. Learned counsel for the petitioners also agreed in limiting stay of operation of the decree excluding the declaration No.3.