The District Collector, Idukki vs Raju
2021 Latest Caselaw 14922 Ker

LA.App. No.143/2019                        1/4

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
                                           &
                         THE HONOURABLE MRS. JUSTICE M.R.ANITHA
             Thursday, the 15th day of July 2021 / 24th Ashadha, 1943
                     IA.NO.2/2019 IN LA.APP. NO. 143 OF 2019
                       LAR 153/2013 OF SUB COURT,THODUPUZHA
   APPELLANTS/RESPONDENTS:

       1. THE DISTRICT COLLECTOR, CIVIL STATION COMPLEX, PAINAVU,
          KUYILIMALA,IDUKKI DISTRICT.
       2. THE EXECUTIVE ENGINEER, PWD (ROADS) DIVISION, PAINAVU P.O., IDUKKI.

   RESPONDENT/CLAIMANT:

           RAJU S/O.KUNJAN, ELAMPLASSERIL HOUSE, ARIKKUZHA KARA, MANAKKAD
           VILLAGE, THODUPUZHA-685 584.

        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay all further
   proceedings pursuant to the judgment and decree dated 31.03.2018 in LAR
   No.153/2013 before the Sub Court, Thodupuzha,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 the GOVERNMENT PLEADER, for the petitioners, the court passed the
   following:
 LA.App. No.143/2019                           2/4




            C.M.Appln.No.1 of 2019, I.A.No.2 of 2019 &
            L.A.A.No.143 of 2019
                                           1


                                ANIL K. NARENDRAN &
                                   M.R. ANITHA, JJ.
                             --------------------------------
                               C.M. Appln.No.1 of 2019,
                                  I.A.No.2 of 2019 &
                                 L.A.A.No.143 of 2019
                             --------------------------------
                           Dated this the 15th day of July, 2021

                                         ORDER

Anil K. Narendran, J.

C.M. Appln.No.1 of 2019

This is an application filed by the appellants, seeking

an order to condone the delay of 337 days in filing this

appeal.

2. Despite service of notice, there is no appearance

for the respondent/claimant.

3. Heard the learned Government Pleader for the

appellant.

4. Having considered the averments in the affidavit

filed in support of the C.M. Application and also the

submissions made by the learned Government Pleader, LA.App. No.143/2019 3/4

C.M.Appln.No.1 of 2019, I.A.No.2 of 2019 & L.A.A.No.143 of 2019

this Court finds that the appellants have made out

sufficient cause for condonation of the delay in filing the

appeal.

In the above circumstances, the delay of 337 days in

filing the appeal is condoned.

L.A.A.No.143 of 2019

Admit. Issue urgent notice by speed post to the

respondent returnable in four weeks.

Call for LCR.

I.A.No.2 of 2019

Having considered the averments in the affidavit filed

in support of this interlocutory application and also the

submissions made by the learned Government Pleader for

the appellants, there will be an interim stay as prayed for,

on condition that the appellants deposit 50% of the

amount awarded in L.A.R.No.153 of 2013 together with

proportionate interest and cost before the court below,

within three months. On such deposit being made, it LA.App. No.143/2019 4/4

C.M.Appln.No.1 of 2019, I.A.No.2 of 2019 & L.A.A.No.143 of 2019

would be open to the respondent/claimant to seek

disbursal of the deposited amount from the court below.

Sd/-

ANIL K. NARENDRAN JUDGE

Sd/-

M.R. ANITHA JUDGE rkc

15-07-2021 /True Copy/ Assistant Registrar