OP(C) No.1630/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 25th day of August 2022 / 3rd Bhadra, 1944
OP(C) NO. 1630 OF 2022
EP 37/2019 IN LAR 262/2014 OF PRINCIPAL SUB COURT, KOZHIKODE
PETITIONERS/ JUDGMENT DEBTORS:
1. THE DISTRICT COLLECTOR, CIVIL STATION, ERANHIPPALAM, KOZHIKODE, PIN
- 673020
2. THE SPECIAL TAHSILDAR (LA), KOZHIKODE CITY ROAD IMPROVEMENT PROJECT,
KOZHIKODE, PIN - 673020
3. THE CHIEF EXECUTIVE OFFICER, KERALA ROAD FUND BOARD, KOWDIAR,
THIRUVANANTHAPURAM, PIN - 695033
4. THE CO-ORDINATOR, KOZHIKODE CITY ROAD IMPROVEMENT PROJECT, CIVIL
STATION, KOZHIKODE, PIN - 673020
RESPONDENT/ DECREE HOLDER:
BIJU THOMAS, S/O. THOMAS, GANAPATHI PLAKKAL, BALAN K NAIR, ROAD,
ASHOKAPURAM PO, KOZHIKODE, PIN - 673006
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
all further proceedings pursuant to proceedings with respect to SL No. 13
in Exhibit P7 proceedings of the learned Sub Court, Kozhikode pending
disposal of this Original Petition.
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
GOVERNMENT PLEADER for the petitioners, the court passed the following:
[PTO]
OP(C) No.1630/2022 2/4
C.S DIAS,J.
---------------------------
OP(C) No.1630 of 2022
-----------------------------
Dated this the 25th August , 2022.
ORDER
Admitted. Issue notice to the respondent by speed post.
2. On a consideration of the pleadings and materials on record and the undertaking made by the learned Government Pleader that the petitioners are ready to deposit the amount of Rs.1,51,477/- before the Execution Court within three weeks, I am inclined to pass a conditional interim order.
Hence, I direct the Court of the Principal Subordinate Judge, Kozhikode to defer all further proceedings in E.P.No.37/2019 till 14.09.2022 to enable the petitioners to deposit an amount of OP(C) No.1630/2022 3/4 OP(C) No.1630 of 2022 -2- Rs.1,51,477/- before the court below on or before 06.09.2022. If the amount is deposited, the same shall be released to the respondent in accordance with law. However, if the petitioners fail to deposit the amount within the stipulated time frame, the court below is directed to march ahead with the proceeding dated 29.08.2022 and sell the vehicles, and dispose of the execution petition expeditiously, in accordance with law.
Hand over.
Sd/-
C.S.DIAS, JUDGE
rkc/25.08.22
25-08-2022 /True Copy/ Assistant Registrar
OP(C) No.1630/2022 4/4
APPENDIX OF OP(C) 1630/2022
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS (DIARY EXTRACT) OF THE
LEARNED SUB COURT DATED 27.06.2022.