The Lok Adalat awarded that as the executed decree was fully satisfied via demand drafts, an executable decree was unnecessary and the attachment of property must be lifted.
Lifting of property attachment and refund of court fee due to full satisfaction of decree.
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BEFORE THE LOK ADALAT
ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE AT ERNAKULAM
PRESENT : SHRI.R.D.SHENOY (SR.ADVOCATE, HIGH COURT OF KERALA) &
SHRI. D.PAPPACHAN (RETD. DIST.JUDGE)
THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932
AS.No. 196 of 1996 ()
------------------------------OS.602/1993 of PRINCIPAL SUB COURT,ERNAKULAM
APPELLANT:
BY ADV. SRI.S.RADHAKRISHNAN
RESPONDENT(S):
ADV. SRI.VARGHESE C.KURIAKOSE FOR R SRI.C.N.SREEKUMAR FOR R
THIS APPEAL SUITS HAVING COME UP FOR DETERMINATION BEFORE THE LOK ADALAT ON 30/09/2010, THE ADALAT ON THE SAME DAY DELIVERED THE FOLLOWING:
SRI.R.D.SHENOY (SENIOR ADVOCATE, HIGH COURT OF KERALA) AND SRI.D.PAPPACHAN (RETD. DISTRICT JUDGE) - - - - - - - - - - - - - - - - - - - - - - A.S. NO.196 OF 1996
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DATED THIS THE 30TH DAY OF SEPTEMBER, 2010
A W A R D
Counsel for the appellant and respondent are present. Plaintiff/respondent also is present. All parties agreed that orders dated 22.07.2010 and 31.08.2010 are fully complied
with the respondent having received the entire Rs.3,30,000/- (Rupees Three lakhs thirty thousand only) by two demand drafts, one handed over earlier and the other, handed over today. In view of this, an award is passed that there need not be an executable decree, in that the decree is fully satisfied. As earlier ordered by the Adalat, the court fee paid on the appeal memorandum will be refunded in accordance with law.
It is submitted that there is an attachment of the property. In view of the satisfaction of the decree, continuance of the attachment is unnecessary and has to be
A.S. NO.196/1996
2
lifted by the court. The order lifting the attachment shall be
communicated to the concerned Sub Registrar. Send back
the file to court.
Sd/-
R.D.SHENOY (SENIOR ADVOCATE)
Sd/- D.PAPPACHAN (RETD. DISTRICT JUDGE)
ss/.
//True copy//
P.A to Judge
A.S. NO.196/1996
3
1 issue framed by the court
Whether the attachment of property should be lifted upon full satisfaction of the decree.
E. Subramania Iyer
Laiju Jose
Smt. S. Vijaya
R.D. ShenoY
D. Pappachan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
