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2026 Supreme(Online)(Ker) 28006

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
BOBAN.V.S – Appellant
Versus
KERALA AQUA VENTURES INTERNATIONAL LTD.(KAVIL) – Respondent
OP(C) NO.1990 OF 2025|EP NO.134 OF 2017|OS NO.134 OF 2014



Advocates:
For the Appellants/Petitioners: SRI.M.SHAJU PURUSHOTHAMAN, SRI.K.S.RAJESH, SRI.M.K.FAISAL, SMT.SINDHU K.S.
For the Respondents: SRI.C.Y.VINOD KUMAR, SRI.MANOJ VASU, SMT.C.DEEPA

Non-compliance with conditional stay deposit vacates stay automatically, dismissing petition.

Headnote:First Paragraph: The proceedings arise from execution petition EP No.134/2017 following decree in OS No.134/2014. Court granted interim stay conditional on deposit of Rs.5,00,000/-, which was not complied with, leading to automatic vacation of stay. Court recalled prior installment payment order for non-compliance. Second Paragraph: Issue framed concerns permission for installment payment despite non-compliance with stay condition. Ratio: Non-compliance with court-ordered deposit vacates stay automatically, precluding further relief. Third Paragraph:

Result: Original petition dismissed.

Table of Content
1. non-compliance with stay deposit condition vacates stay. (Para 2)

JUDGMENT

At the time of admission, this Court had granted an interim order of stay on condition that a sum of Rs.5,00,000/- is deposited. The amount was not deposited and the stay automatically stood vacated.

2. This Court had, without noticing the above fact, disposed of the original petition granting permission to the petitioner to pay the amount in instalments. However, the judgment was recalled on 24.02.2026 noticing the fact that the interim order has not been complied with. The petitioner does not have any specific contention regarding the manner in which he pay off the amounts.

In the above circumstances, no further orders can be granted in this original petition. The original petition is dismissed.

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