Mathew Joe vs Jawahar Navodaya Vidyalaya
2021 Latest Caselaw 18242 Ker

OP(C) No.1447/2021                            1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT
                           THE HONOURABLE MR.JUSTICE V.G.ARUN
                Friday, the 3rd day of September 2021 / 12th Bhadra, 1943

                                 OP(C) NO. 1447 OF 2021


OS 364/2014 OF ADDITIONAL MUNSIFF COURT, KOTTAYAM.

   PETITIONER/ PLAINTIFF:

          MATHEW JOE, AGED 57 YEARS S/O. THOMAS MATHAI, RESIDING AT THURUTHEL
          HOUSE, MANGANAM P.O., VIJAYAPURAM VILLAGE, KOTTAYAM TALUK,
          PIN-686018.

   RESPONDENTS/ DEFENDANTS:

      1. JAWAHAR NAVODAYA VIDYALAYA, VADAVATHOOR P.O., KOTTAYAM-686010
         REPRESENTED BY ITS PRINCIPAL G. BEENA.

      2. COMMISSIONER, NAVODAYA VIDYALAYA SAMITHI, B-15, SECTOR 62, NOIDA.

      3. THE DISTRICT COLLECTOR, CHAIRMAN, DISTRICT NAVODAYA VIDYALAYA
         SAMITHI, COLLECTORATE, KOTTAYAM-686002.


        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 pass
   an order staying the operation of Exhibit P18 judgment dated 09-04-2021
   and all further proceedings in Counter Claim in O.S No. 364/2014, pending
   before the Additional Munsiffs Court, Kottayam, pending dispsoal of the
   above Original Petition (Civil).


        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 R.RAMADAS & T.SIVADASAN Advocates for the petitioner     and of Sri. M.K.
   PADMANABHAN NAIR, STANDING COUNSEL for respondents 1 &       2 and Government
   Pleader for R3 the court passed the following:

                                        O R D E R

Adv. N.K. Padmanabhan Nair takes notice for respondents 1 and 2. Learned Government Pleader takes notice for the 3RD respondent.

There shall be an interim stay of further proceedings in the counter claim in O.S No. 364/2014 on the files of the Additional Munsiff Court, Kottayam for two months.

                                                    Sd/- V.G.ARUN JUDGE


03-09-2021                      /True Copy/                          Assistant Registrar
 OP(C) No.1447/2021                 2/2

                       APPENDIX OF OP(C) 1447/2021
Exhibit P18          TRUE COPY OF THE JUDGMENT DATED 09/04/2021 ON THE

PRELIMINARY ISSUE OF MAINTAINABILITY RAISED IN COUNTER CLAIM IN OS NO.364/2014, ADDITIONAL MUNSIFF COURT, KOTTAYAM.