The State Of Kerala vs N.Thankappan
2021 Latest Caselaw 22932 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE C.S.DIAS
        Tuesday, the 23rd day of November 2021 / 2nd Agrahayana, 1943
                   IA.NO.2/2019 IN LA.APP. NO. 44 OF 2019
              LAR 37/2014 OF PRINCIPAL SUB COURT COURT, KOLLAM
APPELLANT:

     THE STATE OF KERALA REPRESENTED BY DISTRICT COLLECTOR,KOLLAM.

RESPONDENT:

     N.THANKAPPAN KIZHAKKEKKARAPUTHEN VEEDU,PUNUKKANNOOR, PERUMPUZHA
     P.O.,ELAMPALLOOR VILLAGE, KOLLAM-691 501.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings in LAR No.37/2014 on the file of Principal 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, Advocates for the petitioner and of SRI.K.SIJU,
SMT.S.SEETHA Advocates for the respondent, the court passed the following:
                             C.S.DIAS,J.
        =================
                   LA. Appeal No.44 of 2019
                    ---------------------
              Dated this the 23rd day of November,2021

                            ORDER

Admitted. Sri.K. Siju enters appearance for the

respondent.

C.M.Appl.No. 1of 2019

This is an application filed to condone the delay of

496 days in filing the appeal.

After considering the averments in the affidavit

filed in support of the application and hearing the

respective counsel appearing for the parties, I am

satisfied that the petitioner has stated sufficient reasons

to condone the delay of 496 days in filing the appeal.

Hence, C.M.Application is allowed and the delay is

condoned; but on condition that if ultimately the appeal

is allowed and the compensation is enhanced, the

petitioner would be dis-entitled for interest for a period

of 496 days.

LA.Appeal No.44 of 2019

I.A.No. 2/2019

On a consideration of the averments in the affidavit

filed in support of the application and perusing the

impugned judgment, I am satisfied that the impugned

judgment in LAR No.37/2014 of the Principal Subordinate

Judge's Court, Kollam has to be stayed. Hence, I stay all

further proceedings in LAR No.37/2014of the Principal Sub

Court, Kollam on condition that the petitioner deposits 50%

of the compensation amount with proportionate interest

before the court below within a period of sixty days from

today. The respondent/claimant would be at liberty to move

the court below for withdrawal of the deposited amount in

accordance with law.

SD/-

C.S.DIAS, JUDGE

rmm/23/11/2021

23-11-2021 /True Copy/ Assistant Registrar