S.SANKARASUBBAN, A.K.BASHEER
State of Kerala – Appellant
Versus
T. K. Kuruvilla – Respondent
S. Sankarasubban, J.
The above I.A. is filed by the State to stay all further proceedings in pursuance to the execution petition filed in O.S.No.150 of 1997 of the Sub Court, Kottayam. F.A.No.384 of 2003 is filed by the State represented by the District Collector, Kottayam against the judgment and decree in O.S.No.150 of 1997. The suit was filed by the respondents for damages for breach of contract. An amount of Rs.12,16,667.50 has been decreed in favour of the plaintiffs. It is against the above judgment and decree that this appeal is filed.
2. When the matter came up for hearing, we heard learned Government Pleader for the appellant and Sri.Bechu Kurian Thomas learned counsel for the respondents. Learned Government Pleader submitted that the State is entitled to get an order of stay without providing security in view of Order 27 Rule 8A of C.P.C. On the other hand, Sri. Bechu Kurian Thomas submitted that the Court has a discretion in this matter and the Court can direct the State to deposit a portion of the amount. He further submitted that Order 27 Rule 8A is enacted on the assumption that all the State Governments are solvent. He submitted that the Court can take noti
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