The Special Tahasildar (La) vs Vadakkeveettil Bava
2022 Latest Caselaw 6292 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
           Friday, the 3rd day of June 2022 / 13th Jyaishta, 1944

                              OP(C) NO. 562 OF 2022


               EP 90/2019 OF PRINCIPAL SUB COURT, KOZHIKODE

PETITIONER/ JUDGMENT DEBTOR:

     THE SPECIAL TAHASILDAR (LA), KOYILANDY, KOZHIKKODE DISTRICT, PIN -
     673305

RESPONDENTS/ DECREE HOLDER:

  1. VADAKKE VEETTIL BAVA, AGED 55 YEARS, MARAKKARKUTTY, AYYAPANKANDI
     PARAMBA HOUSE, KOLATHARA PO, KOZHIKKODE TALUK, KOZHIKKODE, PIN -
     673655
  2. THE MANAGING DIRECTOR, KINFRA, THIRUVANANTHAPURAM, PIN - 695001


     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
all the further proceedings in Exhibit P4 EP No. 90/2019 on the files of
Sub Court, Kozhikode pending disposed of this Original Petition.


     This petition again coming on for admission upon perusing the
petition and the affidavit filed in support of OP(C) and this court's
order dated 24-03-2022 and upon hearing the arguments of GOVERNMENT
PLEADER for the petitioner and of M/S R.BINDU SASTHAMANGALAM &
G.RAJAGOPAL, Advocates for the respondent 1 & SRI. P.U.SHAILAJAN, Standing
Counsel for the respondent 2, the court passed the following:


                                                                     [PTO]
                             C.S.DIAS,J.
        =================
                  O.P(C) No.562 of 2022
         ------------------------------------
              Dated this the 3rd day of June ,2022

                             ORDER

Admitted.

Sri. R. Bindu enters appearance for the first

respondent. Sri. P.U.Shilajan enters appearance for the

second respondent.. The learned counsel appearing for the

second respondent prays for time to file a counter affidavit

to the original petition.

2. The learned Government Pleader submits that,

pursuant to the order dated 18.03.2022, the petitioner has

deposited the admitted amount before the execution court.

Therefore, the order of attachment of item Nos.1 to 3 may

be lifted and the vehicles may be released to the petitioner.

The petitioner has no objection in the deposited amount

being released to the first respondent. The said submission

is recorded. Thus, I direct the execution court to forthwith

release the deposited amount to the first respondent in O.P(C).No.562 of 2022

accordance with. In view of the deposit being made, the

execution court shall also release the attached vehicles to

the petitioner in accordance with law.

SD/-

C.S.DIAS, JUDGE rmm03/06/2022

03-06-2022 /True Copy/ Assistant Registrar