Kerala High Court
The Secretary, Kadapra Grama ... vs N.S.S Karayogam No.2055 on 9 November, 2021
OP(C) No.2025/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Tuesday, the 9th day of November 2021 / 18th Karthika, 1943
OP(C) NO. 2025 OF 2021
E.P NO 72/2015 IN OS 531/2010 OF MUNSIFF COURT, THIRUVALLA, PATHANAMTHITTA
I.A NO 2/2020 IN A.S 2/2016 OF THE SUB COURT THIRUVALLA
PETITIONER/ JUDGMENT DEBTOR NO. 2 IN E.P:
THE SECRETARY, KADAPRA GRAMA PANCHAYATH, KADAPRA MANNAR MURI,
KADAPRA VILLAGE, THIRUVALLA TALUK, NIRANAM P.O., PATHANAMTHITTA-689
621.
RESPONDENTS/ DECREE HOLDER/ JUDGMENT DEBTORS 1 AND 3 TO 6 & 7:
1. N.S.S KARAYOGAM NO.2055, KADAPRA MANNAR MURI, KADAPRA VILLAGE,
THIRUVALLA TALUK, NIRANAM P.O., PATHANAMTHITTA-689 621.
2. N.S.S. KARAYOGAM NO.2055, KADAPRA MANNAR MURI, KADAPRA VILLAGE,
THIRUVALLA TALUK, NIRANAM P.O., ALAPPUZHA DISTRICT, REPRESENTED BY ITS
SECRETARY, T.R. RADHAKRISHNAN NAIR, AGED 54, S/O.RAMAKRISHNA PILLAI,
THANNIKKATTETTU VEEDU, KADAPRA MANNAR MURI, KADAPRA VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA-689 621.
3. GOVERNMENT OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA-689 645.
4. I.C.D.S. SUPERVISOR, KADAPRA GRAMA PANCHAYATH, KADAPRA MURI,
KADAPRA VILALGE, THIRUVALLA THALUK, PATHANAMTHITTA DISTRICT-689 621.
5. ASSISTANT ENGINEER, L.S.G.D. KADAPRA MURI, KADAPRA VILALGE, THIRUVALLA
THALUK, PATHANAMTHITTA DISTRICT-689 621.
6. THE CHILD DEVELOPMENT PROJECT OFFICER, PULIKEEZHU BLOCK,
VALANJAVATTOM P.O., KADAPRA VILLAGE, THIRUVALLA THALUK,
PATHANAMTHITTA DISTRICT-689 621.
7. THE ASSISTANT ENGINEER, KSEB, NIRANAM P.O., NIRANAM VILLAGE,
THIRUVALLA TALUK-689 621.
OP (civil) praying inter alia that in the circumstances stated in the affidavit filed
along with the OP(C) the High Court be pleased to stay the operation of impugned
Exhibit P14 order pending disposal of this Original Petition (Civil) and render justice to
the petitioner.
This petition coming on for admission upon perusing the petition and the
affidavit filed in support of OP(C) and upon hearing the arguments of M/S
N.UNNIKRISHNAN & UBAI KUMAR BALAN, Advocates for the petitioner, and of
GOVERNMENT PLEADER for respondents 3&5, SRI.ARUN KUMAR, Standing Counsel, for
respondent 7, the court passed the following:
[PTO]
OP(C) No.2025/2021 2/4
V.G.ARUN, J.
======================
O.P(C).No.2025 of 2021
=====================
Dated this the 09th day of November, 2021
ORDER
Admit.
Issue notice to R1, R2, R4 and R6 through speed post.
Learned Government Pleader takes notice for R3 and R5.
Adv. Arunkumar takes notice for R7.
Learned Counsel for the petitioner submits that,
in spite of having submitted a request for adjournment on
03.01.2020, specifically stating that the Counsel was
engaged at the Sub Court, Pala, the appeal (A.S.No. 2 of
2016) was dismissed by the Sub Court, Thiruvalla. It is
pointed out that the application for restoration of the appeal
filed on the same day is yet to be considered and in the
meanwhile, Ext.P14 order has been passed by the execution
court, directing delivery of the decree schedule property in
which an Anganwadi is functioning.
Hence, there shall be an interim stay of further
proceedings based on Ext.P14 order in E.P.No.72/2015 in
O.S.No.531/2010 of the Munsiff's Court, Thiruvalla for one
OP(C) No.2025/2021 3/4
month. In the meanwhile, the Subordinate Judge's Court,
Thiruvalla shall take earnest efforts to take up I.A.No.2/2020
in A.S.No.2/2016 and pass orders thereon.
Sd/-
V.G.ARUN
JUDGE
NB/9-11
09-11-2021 /True Copy/ Assistant Registrar
OP(C) No.2025/2021 4/4
Exhibit P14 A TRUE COPY OF ORDER DATED 09.04.20 IN EP NO.72/2015 IN OS
NO.531/2010 ISSUED BY THE MUNSIFF COURT, THIRUVALLA.
