The Special Tahsildar (La) vs The Special Tahsildar (La)
2021 Latest Caselaw 9780 Ker

IA/2/2020 IN LA.App. 29/2020                      1/1

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            Present:
                           THE HONOURABLE MR. JUSTICE A.HARIPRASAD
                                              &
                         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
                         Tuesday,the 23rd day of March 2021/2nd Chaithra, 1943
                                      IA 2/2020 IN LA.App.29/2020
                    LAR No.262/2013 of the ADDITIONAL SUB COURT, THALASSERY
                                                 ---
APPELLANTS/RESPONDENTS IN L.A.R.:
1. THE SPECIAL TAHSILDAR (LA),
             For information purpose only
     THALASSERY.
2. THE DIVISIONAL FOREST OFFICER,
     KANNUR
3. THE GOVERNMENT OF KERALA,
     REPRESENTED BY DISTRICT COLLECTOR, KANNUR.

RESPONDENT/CLAIMANT IN L.A.R.:
1. SUNIL KUMAR P.,S/O. NARAYANAN, NARAYAN NIVAS,
     P. O. MUNDALLUR, KANNUR, PIN - 670 622.
2. SASI KAYYANALA,S/O. CHATHU, KAYYANALA HOUSE,
     PERAVOOR P. O., KANNUR, PIN - 670 673.

  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 L.A.R.No.262/2013 before the Addl. Sub Court, Thalassery,
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 petitioners, the court on
the same day passed the following:
                                             ORDER

There shall be an interim stay of execution of the judgment in LAR 262/2013 of the Addl. Sub Court, Thalassery, pending disposal of the appeal, subject to the condition that the appellants shall deposit 50% of the entire amount due under the impugned judgment, within 31.03.2021. On such deposit, respondents/claimants will be entitled to withdraw the amount from the reference court. If not deposited as above, the respondents will be entitled to proceed with the execution.

Learned counsel for the respondents submitted that the Government have sanctioned sufficient funds for this purpose as per G.O.(P) No.32/2019/Fin. dated 18.03.2019.

Post along with connected cases.

23-03-2021                   Sd/-A.HARIPRASAD,JUDGE
                       Sd/-ZIYAD RAHMAN A.A.,JUDGE


    /true copy/

                                                                                            Sd/-
                                    ASSISTANT REGISTRAR