This court set aside a subordinate court order regarding execution of decree. The lower court was directed to hear arguments on the calculation of the decree amount, including simple interest and tax, before proceeding with execution.
The impugned order was set aside and the matter remitted to the subordinate court to fix the decree amount after hearing arguments.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN
WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929
CRP.No. 550 of 2007() --------------------EP 413/04 in LAR.34/1994 of SUB COURT, KOZHIKODE ....................
REVN. PETITIONER: RESPONDENT/JUDGMENT DEBTOR
THE SECRETARY, K.S.E.B., VYDHUDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM.
BY ADV. SRI.C.K.KARUNAKARAN, SC FOR KSEB
RESPONDENT: PETITIONER/DECREE HOLDER
MARY ULAHANNAN, W/O. ULAHANNAN, KUNNATHATTU, P.O.CHEMBUKKAVU, KODANCHERRY AMSOM, CHEMBUKADAVU DESOM, KOZHIKODE.
BY ADV. SRI.THOMAS ANTONY
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/11/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Order on IA 1407/07 in CRP No.550/2007
DISMISSED.
SD/- M.N.KRISHNAN, JUDGE.
7/11/2007
M.N.Krishnan, J. ======================== C.R.P.No.550 of 2007
========================
Dated this the 7th day of November, 2007.
ORDER
This revision petition is preferred against the order of the subordinate Judge, Kozhikode in E.P. No.413 of 2004 in L.A.R.No.34 of 1994. As per the said order, the court just recorded that the calculation statement is filed and directed issuance of fresh attachment order. Counsel for the revision petitioner would submit that the parties are only entitled to get simple interest and tax has to be deducted at source as per the principles enunciated in State of Kerala v. Mariyamma - 2005 (1) K.L.T. 173.
CRP 550/07 -: 2 :-
principles laid down by different decisions fix the amount and thereafter proceed to execute the decree in accordance with law. The revision petitioner is directed to appear before the court below on 5.12.2007. The court on that day shall give notice to the decree holder and fix the date of appearance.
Civil Revision Petition is disposed of accordingly.
M.N.Krishnan, Judge.
ess 12/11
1 issue framed by the court
Whether the subordinate court erred in issuing a fresh attachment order without first fixing the amount payable including interest and tax.
Colour shows how this judgement treated each authority
State of Kerala v. MariyammaReferred¶23
State of Kerala v. Mariyamma - 2005 (1) K.L.T. 173
The Secretary, K.S.E.B.
Mary Ulahannan
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
