Citation : 2021 Latest Caselaw 8239 Ker
Judgement Date : 10 March, 2021
IA/2/2018 IN LA.App. 107/2018 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 330/2018 )IN LA.App 107/2018
LAR No.43/2010 of the PRINCIPAL SUB COURT,KOLLAM
---
APPLICANT/APPELLANT/RESPONDENT IN LAR:
STATE OF KERALA,
REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM.
For information purpose only
RESPONDENTS/RESPONDENTS/CLAIMANT AND 2ND RESPONDENT IN
LAR:
1. MAHESH,S/O.MADHAVAN PILLAI,
THENNALA LETHA BHAVAN, EDAKKULANGARA P.O.,
KALLELIBHAGAM, REPRESENTED BY POWER OF ATTORNEY
HOLDER MADHAVAN PILLAI, S/O.NARAYANAN PILLAI,
EDAKKULANGARA P.O., KALLELIBHAGAM VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM NOW RESIDING AT SREE
DURGA, PADINJATTEKKARA P.O., THEVALAKKARA VILLAGE,
KOLLAM DISTRICT-690524.
2. KERALA FEEDS LTD.,KALLETTUMKARA,
REPRESENTED BY ITS COMPANY SECRETARY-680683.
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.43/2010 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 appellant, M/S.SIJU KAMALASANAN &
RENY ANTO, Advocates for the respondent 1 and of SRI.MOHAMMED AL
RAFI S., Standing Counsel for the respondent 2, the court passed the
following:
ORDER
This is an application filed to stay the execution of award in LAR 43/10 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
IA/2/2018 IN LA.App. 107/2018 2/2
/true copy/
Sd/-
ASSISTANT REGISTRAR
For information purpose only
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