Civil Revision Petition concerning the interpretation of a decree and appropriation of a deposit. The High Court remanded the execution petition for re-consideration on these issues.
Impugned order set aside; execution petition remanded to Principal Subordinate Judge, Kottayam, with liberty to file calculation statements.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 13TH DAY OF SEPTEMBER 2012/22ND BHADRA 1934
CRP.No. 26 of 2012 ()
LAR.281/2004 of PRINCIPAL SUB COURT,KOTTAYAM
REVISION PETITIONER(S)/DECREE HOLDER:
MOLIKUTTY GEORGE
PARAPPALLIL, KODIMATHA.
BY ADVS.SRI.MATHEW JOHN (K)
SRI.DOMSON J.VATTAKUZHY
RESPONDENT(S)/JUDGMENT DEBTOR:
STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR KOTTAYAM-686 001.
BY ADV. GOVERNMENT PLEADER SMT.LILLY.K.T.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V.CHITAMBARESH, J.
C.R.P.No.26 of 2012
Dated this the 13th day of September, 2012
O R D E R
The matter needs a re-look by the execution court as regards the interpretation of the decree and the appropriation of the deposit made. The question whether the petitioner/claimant is entitled to interest on the 'enhanced' amount or the 'aggregate' amount has to be considered. Only the court which passed the judgment and decree can explain the tenor and content of the term 'enhanced aggregate' amount.
of the Principal Subordinate Judge of Kottayam. Both the
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C.R.P.No.26 of 2012
petitioner as well as the respondent are entitled to file calculation statement indicating the amounts due. The parties will appear in the court below on 8.10.2012. The consequential orders shall be passed by the court below within a period of two months thereafter.
The Civil Revision Petition is disposed of as above.
No costs.
V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether the execution court needs a re-look regarding the interpretation of the decree and appropriation of deposit.
Whether the petitioner/claimant is entitled to interest on the 'enhanced' amount or the 'aggregate' amount.
Colour shows how this judgement treated each authority
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MOLIKUTTY GEORGE
STATE OF KERALA
V. CHITAMBARESH
As recorded by the court registry
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