Citation : 2023 Latest Caselaw 2098 Ker
Judgement Date : 3 February, 2023
CRP No.619/2018 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 3rd day of February 2023 / 14th Magha, 1944
IA.NO.1/2018 (IA 1778/2018) IN CRP NO. 619 OF 2018
OP(ELE) 470/2012 OF ADDITIONAL DISTRICT COURT-I, KOZHIKODE
PETITIONER/PETITIONER:
POWER GRID CORPORATION OF INDIA LTD, REP. BY ITS ADDITIONAL GENERAL
MANAGER, UGRAPURAM, AREACODE P.O, ERNAD TALUK, MALAPPURAM
RESPONDENT/RESPONDENT:
YOYAK.C.V, S/O.VARKEY, CHUVATT (H), ENGAPUZHA, P.O.PUTHUPPADI,
PUTHUPPADI VILLAGE, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
of the judgment dated 23.03.2018 passed in OP(Ele) 470/2012, on the files
of the Addl. District Judge-1, Kozhikode till the disposal of the above
case 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 SRI.E.M.MURUGAN, Advocate for the petitioner and of SRI.V.V.SURENDRAN &
SRI.P.A.HARISH, Advocates for the respondent, the court passed the
following:
ORDER
On a consideration of the averments in the affidavit filed in support of the application, I am satisfied that the petitioner has made out a prima facie case for a conditional interim order. Hence, I stay further proceedings in OP(Ele) No.470/2012, on the court of the Addl. District Judge-I, Kozhikode for a period of one month on condition that the petitioner deposits 50% of the compensation amount as per the impugned order before the court below, within 30 days from today. If the said amount is deposited, the same shall be released to the respondent in accordance with law.
Sd/- C.S.DIAS, JUDGE
03-02-2023 /True Copy/ Assistant Registrar
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