Citation : 2021 Latest Caselaw 14335 Ker
Judgement Date : 8 July, 2021
LA.App. No.77/2020 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Thursday, the 8th day of July 2021 / 17th Ashadha, 1943
IA.NO.3/2020 IN LA.APP. NO. 77 OF 2020
LAR 58/2014 OF PRINCIPAL SUB COURT,KOLLAM
APPLICANT/APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
RESPONDENTS/RESPONDENTS/CLAIMANTS IN LAR :
1. RAVEENDRAN, ALIYAMMAZHIKAM, THEKKUMKARA, MAYYANADU P O, KOLLAM.
2. PRASANNAKUMARI, ALIYAMMAZHIKAM, THEKKUMKARA, MAYYANADU P O, KOLLAM.
3. RAMAMONY, ALIYAMMAZHIKAM, THEKKUMKARA, MAYYANADU P O, KOLLAM.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in pursuance to the Execution Petition filed in LAR No.
58/2014 on the files of Sub Court,Kollam, 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, for the petitioner, the court passed the following:
LA.App. No.77/2020 2/3
C.S.DIAS, J.
======================
LAA No.77 of 2020
======================
Dated this the 8th day of July, 2021.
ORDER
Service is complete. Admitted.
Post after three months.
C.M Appln 2/2020
This is an application filed to condone the delay of
405 days in filing the appeal.
2. Considering the averments in the affidavit filed
in support of the application, and after hearing the
learned Government Pleader appearing for the petitioner,
I am satisfied that the petitioner has stated sufficient
reasons to condone the delay of 405 days in filing the
appeal. Hence, the application is allowed and the delay is
condoned.
IA 3/2020
This is an application filed to stay all further
proceedings in LAR No.58/2014 on the file of the Principal
Subordinate Judge, Kollam.
LA.App. No.77/2020 3/3
LAA No.77 of 2020
2. After considering the averments in the affidavit
filed in support of the application and perusing the impugned
judgment, I am satisfied that the impugned judgment has to
be stayed. Hence, I stay all further proceedings in LAR
58/2014 on condition that the petitioner deposits 50% of the
compensation amount along with proportionate interest and
costs before the court below within a period of two months
from today. The respondents/claimants would be at liberty to
move the court below for withdrawal of the deposited
amount.
Sd/-
sks/8.7.2021 C.S.DIAS, JUDGE 08-07-2021 /True Copy/ Assistant Registrar
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