For Information Purpose Only vs State Of Kerala
2021 Latest Caselaw 8227 Ker

IA/2/2018 IN LA.App. 59/2018                1/2




                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         Present:

                          THE HONOURABLE MR.JUSTICE C.S.DIAS

                Wednesday,the 10th day of March 2021/19th Phalguna, 1942

                         IA 2/2018(IA 189/2018) IN LA.App. 59/2018

    For information                  purpose only
        LAR No.44/2010 of the PRINCIPAL SUB COURT, KOLLAM
                                 ---

APPLICANT/APPELLANT/RESPONDENT IN LAR:

STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.

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

1. MADHAVAN PILLAI,AGED 70 YEARS, THENNALA LETHA BHAVAN,KALLELIBHAGAM, KARUNAGAPPALLY, KOLLAM - 690 518.

2. SREELATHA,AGED 34 YEARS, D/O.LATE PRASANNAKUMARI AMMA,THENNALA LETHA BHAVAN, KALLELIBHAGAM, KARUNAGAPPALLY,KOLLAM - 690 518.

3. MAHESH,AGED 34 YEARS, S/O.LATE PRASANNAKUMARI AMMA,THENNALA LETHA BHAVAN, KALLELIBHAGAM, KARUNAGAPPALLY,KOLLAM - 690 518.

4. MANAGING DIRECTOR,KERALA FEEDS LTD., KALLETTUMKARA, THRISSUR - 680 683.

PRESENT ADDRESS OF THE 2ND RESPONDENT

SREELATHA,A-401,GOURAV REGENCY,MANGAL NAGAR, NEAR 15 NO.BUS STOP,MEERA ROAD EAST,THANE, 401107,MUMBAI.

VIDE ORDER DATED 28.11.19 IN MEMO DATED 18.11.2019.

Application praying that in the circumstances stated in the affidavit filed therewith the High Court be pleased to stay the execution of the award in LAR No.44/2010 before the 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 applicants, SRI.SIJU KAMALASANAN,SRI. RENY ANTO Advocates for the respondent 1 and of MOHAMMED AL RAFI S., Standing Counsel for the respondent 4, the court passed the following:

P.T.O.

 IA/2/2018 IN LA.App. 59/2018              2/2




    For      information          ORDER
                                          purpose only

This is an application filed to stay the execution of award in LAR 44/10 on the file of the Sub Court, Kollam.

After considering the averments in the affidavit in support of the application, perusing the impugned common judgment and hearing the learned Government Pleader appearing for the appellant and the learned counsel appearing for the respective respondents, I am satisfied that the impugned award can be stayed, but on condition that the petitioner deposits 50% of the decree amount before the court below within a period of one month from today.

It is made clear that the claimant/1st respondent would be at liberty to move the court below for withdrawal of the deposited amount in accordance with law.

10-03-2021                          Sd/- C.S.DIAS,JUDGE

                      /true copy/
                                                                   Sd/-
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