Kannan Devan Hills Plantation ... vs M.Vipinkumar
2022 Latest Caselaw 9990 Ker

CRP No.255/2022                                1/2

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                             THE HONOURABLE MR.JUSTICE C.S.DIAS
                  Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944

                            IA.NO.2/2022 IN CRP NO. 255 OF 2022


                     OS 774/2019 OF MUNSIFF MAGISTRATE COURT, DEVIKULAM

   PETITIONERS/REVISION PETITIONER/DEFENDNTS 1 AND 2:

      1. KANNAN DEVAN HILLS PLANTATION COMPANY PVT. LTD., KDHP HOUSE, MUNNAR
         - 686 612, REPRESENTED BY MR.V.THANGARAJ, MANAGER (ADMINISTRATION &
         LEGAL).
      2. SENIOR MANAGER, ENGINEERING DEPARTMENT, KDHP COMPANY, OLD MUNNAR,
         K.D.H.VILLAGE, DEVIKULAM TALUK - 685 612.

   RESPONDENTS/RESPONDENTS/1ST RESPONDENT/PLAINTIFF:

      1. M.VIPINKUMAR, M.G.P.XI/409, H.R.C.ROAD, OLD MUNNAR, K.D.H.VILLAGE,
         DEVIKULAM TALUK - 685 612 (PLAINT ADDRESS) AND CURRENTLY RESIDING
         AT: VIBIN NIVAS, NEAR AMC COMMUNITY HALL, CHERUVARAKKONAM, PARASSALA
         POST, THIRUVANANTHAPURAM - 695 502.
      2. NITHIN BABU, DEPUTY MANAGER, ENGINEERING DEPARTMENT,
         K.D.H.P.COMPANY, K.D.H.VILLAGE, DEVIKULAM TALUK - 685 612.
      3. PONRAJ, TOWN OVERSEAR, ENGINEERING DEPARTMENT, K.D.H.P.COMPANY,
         K.D.H.VILLAGE, DEVIKULAM TALUK - 685 612.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to stay the execution
   and operation and all further proceedings pursuant to the impugned
   Judgment and decree dated 23.6.2022 of the Munsiff Court, Devikulam in OS
   No.774/2019.


        This Application coming on for orders upon perusing the application
   and the affidavit filed in support thereof, and upon hearing the arguments
   of SRI.JOSEPH KODIANTHARA, Senior Advocate along with M/S. V.ABRAHAM
   MARKOS, ABRAHAM JOSEPH MARKOS, ISAAC THOMAS, P.G.CHANDAPILLAI ABRAHAM,
   ALEXANDER JOSEPH MARKOS & SHARAD JOSEPH KODANTHARA, Advocates for the
   petitioners, the court passed the following:




                                                                              (p.t.o)
 CRP No.255/2022                            2/2




                                      ORDER

On a consideration of the averments in the affidavit in support of the application, perusing the pleadings and the impugned order and taking note of the law laid down by this court in Thiruvananthapuram Golf Club Rep. by its Secretary V. State of Kerala and others (2010 (2) KHC 651), I am satisfied that the petitioners have made out a prima facie case for an interim order. Hence, I stay the operation and all further proceedings in the judgment and decree in OS No.774/2019 of the Court of the Munsiff, Devikulam, for a period of one month.

I.A. Nos. 1 and 3 of 2022 will be considered only after the production of the certified copies/originals of the Annexures sought to be placed on record.

                                                 Sd/- C.S.DIAS, JUDGE




31-08-2022                   /True Copy/                                Assistant Registrar