Citation : 2023 Latest Caselaw 3402 Ker
Judgement Date : 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Friday, the 24th day of March 2023 / 3rd Chaithra, 1945
IA.NO.2/2018 IN CRP NO. 773 OF 2018
OP 134/2011 OF ADDITIONAL DISTRICT COURT-I, KOZHIKODE
PETITIONER/PETITIONER:
POWER GRID CORPORATION OF INDIA LIMITED, REP BY ITS ADDITIONAL
GENERAL MANAGER, UGRAPURAM, AREACODE.P.O., ERNAD TALUK, MALAPPURAM.
RESPONDENT/RESPONDENT:
JIJO, AGED 31 YEARS, S/O GEORGE, MEZHUKANAL (H), KAIPPURAM,
KUPPAYAKODE, ENGHAPUZHA VILLAGE, KOZHIKODE.
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 25.05.2018 passed in OP 134/2011, 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.O.D.SIVADAS,
Advocate for the respondent, the court passed the following:
(P.T.O)
C.S.DIAS,J.
====================
C.R.P.No.773 of 2018
------------------------------------ ---------
Dated this the 24th day of March, 2023
ORDER
C.M. Appln.No.1/2018
The application is filed to condone the delay of 23
days in filing the revision petition.
On a consideration of the averments in the
affidavit filed in support of the application and hearing
the respective counsel appearing for the parties, I am
satisfied that the petitioner has stated sufficient
reasons to condone the delay of 23 days in filing the
revision petition. Hence, C.M. Application is allowed
and the delay is condoned.
C.R.P.
Admitted.
Post for hearing.
I.A.No.2/2018
On a consideration of the pleadings and materials on
record, I am satisfied that the petitioner has made out a C.R.P. No.773/ 2018
prima facie case for passing a conditional interim order.
Hence, I stay all further proceedings in O.P.(Electricity)
No.134/2011 of the Court of the Additional District
Judge-I, Kozhikode, for a period of two months, on
condition that the petitioner deposits 50% of the
compensation amount as per the impugned order before
the court below within a period of 60 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
DST/24.03.23
24-03-2023 /True Copy/ Assistant Registrar
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