IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 OP(C).No. 443 of 2010(O) ------------------------ AS.125/2007 of II ADDL.DISTRICT COURT, ERNAKULAM OS NO.114/2002 OF MUNSIFF COURT, ERNAKULAM .................... PETITIONER (S): -------------------- P.R.MENON, S/O.PADMANABHA MENON, AGED 67 YEARS, RETIRED SENIOR AREA MANAGER, INDIAN OIL CORPORATION, PRESENTLY RESIDING AT "SARANGA', TC 6/612-2, MALAMAR, NEAR ARAPPURA JUNCTION, VATTIYURKAVU, TRIVANDRUM. BY ADV. SRI.R.MURALIDHARAN (AROOR) RESPONDENT(S): --------------- 1. GREATER COCHIN DEVELOPMENT AUTHORITY, GCDA BUILDINGS, KADAVANTHRA, ERNAKULAM REPRESENTED BY ITS SECRETARY, PIN 682020. 2. EXECUTIVE COMMITTEE, GREATER COCHIN DEVELOPMENT AUTHORITY, GCDA BUILDING, KADAVANTHRA, ERNAKULAM REPRESENTED BY ITS CHAIRMAN, PIN 682020. ADV. SRI.M.K.THANKAPPAN, STANDING COUNSEL FOR GCDA THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.443 of 2010 -------------------------------------- Dated this the 26th day of October, 2010. JUDGMENT Petitioner is the plaintiff in O.S.No.114 of 2002 of the court of learned Munsiff, Ernakulam and appellant in A.S.No.125 of 2007 of the court of learned District Judge, Ernakulam. That is a suit for a declaration of alleged non-liability of petitioner for additional land value for the plot sold to him in the year 1982. Learned Munsiff dismissed the suit. The appeal was dismissed for default on 09.06.2009 and after 450 days petitioner filed Exts.P1 and P2, applications for restoration of the appeal and to condone the delay . Petitioner has filed Ext.P4, application for stay of recovery proceedings pursuant to Ext.P3, notice issued on behalf of respondents. Now the limited prayer in this petition is to grant stay until Ext.P4, application for stay is disposed of by the learned District Judge. Learned counsel for petitioner submits that Exts.P1, P2 and P4, applications are posted on 04.11.2010. I have heard learned counsel for respondents who states that more than Rupees three lakhs is due from the petitioner. 2. Having regard to the circumstances stated by learned counsel I am inclined to direct that the recovery proceedings pursuant to Ext.P3, notice will stand in abeyance until learned District Judge disposed of Ext.P4, application for OP(C) No.443/2010 2 stay subject to the condition that petitioner deposited with the respondent (subject ofcourse to the result of the appeal) Rs.50,000/- (Rupees fifty thousand only) within two weeks from this day. Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks