State Of Kerala vs Sajan Joseph
2021 Latest Caselaw 17556 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
          Thursday, the 26th day of August 2021 / 4th Bhadra, 1943
                  IA.NO.1/2021 IN LA.APP. NO. 186 OF 2021
            LAR 11/2016 OF SUB COURT, THIRUVALLA, PATHANAMTHITTA
APPLICANT/APPELLANT/1ST RESPONDENT IN LAR:

     STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR,
     PATHANAMTHITTA.

RESPONDENTS/RESPONDENTS/CLIAMANTS & 2ND RESPONDENT IN LAR:

  1. SAJAN JOSEPH S/O. MATHEN JOSEPH, PARUTHIKKATTIL HOUSE, OPPOSITE
     RAILWAY STATION, KUTTAPPUZHA, THIRUVALLA, PATHANAMTHITTA, PIN -
     689101.
  2. ROSHAN SAJAN W/O. SAJAN JOSEPH, PARUTHIKKATTIL HOUSE, OPPOSITE
     RAILWAY STATION, KUTTAPPUZHA, THIRUVALLA, PATHANAMTHITTA, PIN -
     689101.
  3. SOUTHERN RAILWAY REPRESENTED BY ITS DEPUTY CHIEF ENGINEER
     (CONSTRUCTIONS), SOUTHERN RAILWAY, ERNAKULAM.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in LAR No.11/2016 on the file of Sub Court, Thiruvalla, in the
interest of justice.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of GOVERNMENT PLEADER, Advocates for the petitioners, the court passed the
following:




                P.T.O.
                                  C.S.DIAS, J.
                     ======================
                          L.A.A.No.186 of 2021 &
                              I.A.No.1 of 2021
                     ======================
                  Dated this the 26th day of August, 2021.

                                         ORDER

Admitted.

Issue notice to the respondents. Post after three months.

IA 1/2021

After considering the averments in the affidavit filed in

support of the application and perusing the impugned

judgment, I am of the opinion that the operation of the

impugned judgment has to be stayed. Hence, I stay all

further proceedings in LAR No.11/2016 on the file of the

Court of the Subordinate Judge, Thiruvalla on condition

that the petitioner deposits 50% of the compensation

amount with proportionate interest and costs before the

court below within a period of sixty days from today. The

respondents 1 and 2 would be at liberty to move the court

below for withdrawal of the deposited amount as per the

conditions in the impugned judgment.

Sd/-

C.S.DIAS, JUDGE rkc

26-08-2021 /True Copy/ Assistant Registrar