Kerala High Court
The Managing Director vs Gopala Pillai (Deceased) on 1 October, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 1st day of October 2021 / 9th Aswina, 1943
IA.NO.2/2012(I.A.No.1346/2012) IN LA.APP. NO. 608 OF 2012
LAR 86/2009 OF THE SUB COURT, PATHANAMTHITTA.
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APPELLANT/2ND RESPONDENT:
THE MANAGING DIRECTOR,THIRUVANANTHAPURAM REGIONAL CO-OPERATIVE
MILK PRODUCERS UNION LTD. THIRUVANANTHAPURAM.
RESPONDENTS/CLAIMANT & 1ST RESPONDENT:
1.GOPALA PILLAI, S/O. KRISHNA PILLAI, MEMANA VEEDU,
VALAYA VADAKKEKARAMURI, VALLICODE. (DIED)
2.STATE OF KERALA,REPRESENTED BY THE DISTRICT COLLECTOR,
PATHANAMTHITTA.
ADDL.3.MRS.SAROJINI AMMA G., W/O.LATE GOPALA PILLAI,
PUTHIYA BUNGLAOW,VAYALA NORTH, MAMOODU P.O., NARIYAPURAM,PIN-689 513.
ADDL.R4.MRS.SHYLAJA DEVI, D/O.LATE GOPALA PILLAI,
LAKSHMI BHAVAN,VAYALA NORTH, MAMOODU P.O.,NARIYAPURAM,PIN-689 513.
ADDL.R5.JALAJA G.NAIR, D/O.LATE GOPALA PILLAI,
KARIPPELIL PUTHEN VEEDU, KODUMON P.O.,KODUMON-691 555.
ADDL.R3 TO ADDL.R5 ARE IMPLEADED AS LEGAL HEIRS OF DECEASED 1ST
RESPONDENT AS PER ORDER DATED 01/10/2021 IN I.A.NO.1/2019 .
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings pursuant to LAR 86/09 dated 29.11.2011 on the file of the Sub
Court, Pathanamthitta, pending disposal of the appeal.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.K.ANAND, SENIOR ADVOCATE amd SMT. LATHA KRISHNAN, ADVOCATES for the
petitioner and M/s RINNY STEPHEN, ASHA ELIZABETH MATHEW FOR R3 TO R5
sought to be implead the court passed the following:
P.T.O.
1
L.A.App No.608 of 2012
C.S.DIAS, J.
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L.A.App No.608 of 2012
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Dated this the 1st day of October, 2021.
ORDER
IA 1/2019
Heard.
The respondents 1 to 3 in the application are
impleaded as additional respondents 3 to 5 in the appeal.
The Registry is directed to carry out the impleadment.
C.M Appln 2/2019
On a consideration of the averments in the affidavit
filed in support of the application, I am satisfied that the
petitioner has stated sufficient reasons to condone the delay
of 2161 days in submitting the application for impleadment.
Hence, the application is allowed and the delay is condoned.
IA 3/2019
Heard. Allowed.
L.A.App No.608 of 2012
LA.App
Admitted.
Issue urgent notice by speed post to the additional
respondents 3 to 5. The learned Government Pleader enters
appearance for the second respondent.
IA 2/2012
After considering the averments in the affidavit filed in
support of the application and perusing the impugned
judgment, I am of the opinion that the execution of the
impugned judgment has to be stayed. Hence, I stay all
further proceedings in LAR 86/2009 on the file of the Sub
Court, Pathanamthitta on condition that the petitioner
deposits 25% of the compensation amount along with
interest and costs before the court below within a period of
sixty days from today.
Sd/-
sks/1.10.2021 C.S.DIAS, JUDGE
01-10-2021 /True Copy/ Assistant Registrar
