LUKOSE Vs. GANGA ANTHARJANAM

JUDGEMENT

(1.) This is a petition filed challenging the order of the 1st Appellate Court, which vacated the stay granted, pending consideration of the appeal by the impugned order, Ext.P10. The dispute is in respect of the improvement affected by the petitioner in the subject matter of the suit.

(2.) While dismissing the stay petition, the 1st Appellate Court held that "there is no reason to stay the execution proceedings as a whole and the decree holder is entitled to proceed with the execution for getting delivery of possession, subject to the payment of revised compensation if any to be fixed by the appellate court". Thus, what comes is that the revised compensation, if any, has to be fixed by the appellate court.

(3.) Considering the totality of the case, the Appellate Court is hereby directed to dispose the appeal in A.S. No.222/2016 on the files of District Court, Kottayam, within a period of sixty days, from the date of production of a copy of this judgment by either party or on receipt of the copy from the Registry of the High Court. Till that time, interim order passed by this Court will continue.