Power Grid Corporation Of India ... vs C.C.Varghese
2023 Latest Caselaw 4268 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
          Friday, the 31st day of March 2023 / 10th Chaithra, 1945
                    IA.NO.2/2019 IN CRP NO. 146 OF 2019

        OP[ELE] 149/2009 OF ADDITIONAL DISTRICT COURT- I, KOZHIKODE

PETITIONER/ PETITIONER:

     POWER GRID CORPORATION OF INDIA LTD., REP. BY ITS ADDITIONAL GENERAL
     MANAGER, UGRAPURAM, AREACODE, MALAPPURAM DISTRICT.

RESPONDENT/ RESPONDENT:

     C.C.VARGHESE, S/O.CHACKO, CHETTAKKATIL HOUSE, PUDHUPPADY P.O,
     KOZHIKODE DISTRICT- 673 001.


     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 31-01-2018 passed in OP(Ele) 149/2009, on the files
of the Addl. District Judge- I, Kozhikode till the disposal of tha 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:




                                                                      [PTO]
                         C.S.DIAS,J.
   ====================
        C.R.P.No.146 of 2019
   ------------------------------------ ---------
           Dated this the 31st day of March, 2023

                          ORDER

Sri. O. D. Sivadas enters appearance for the

respondent.

C.M. Appln.No.1/2019

The application is filed to condone the delay of

274 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 274 days in filing the

revision petition. Hence, C.M. Application is allowed

and the delay is condoned.

C.R.P.

Admitted.

Post for hearing.

C.R.P. No.146/2019

I.A.No.2/2019

On a consideration of the pleadings and materials

on record, I am satisfied that the petitioner has made

out a prima facie case for passing a conditional interim

order. Hence, I stay all further proceedings in O.P.

(Electricity) No.149/2009 of the Court of the Additional

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 a period of 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

DST/31.03.23

31-03-2023 /True Copy/ Assistant Registrar