Dismissed

Krishnan Reghunathan Babu v. Pappukutty Venugopalan @ Venugopal Sodar

Kerala HC12 Feb 2013CRP/236/2011

Case brief

AI extract

What is this about?

This judgment dismisses a Civil Revision petition challenging the executing court's assessment of improved property value. The petitioner contested the reduction in the value of improvements payable to him, but the High Court upheld the executing court's findings and dismissed the revision and interlocutory applications.

What did the court decide?

The Civil Revision was dismissed. All Interlocutory Applications were also dismissed.

Krishnan Reghunathan Babu Vs Pappukutty Venugopalan… — Execution and Attachment | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH

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TUESDAY, THE 12TH DAY OF FEBRUARY 2013/23RD MAGHA 1934

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CRP.NO. 236 OF 2011 ( )

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E.P. NO.29 OF 2007 IN O.S. NO.99 OF 1976 SUB COURT, NEDUMANGAD

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REVISION PETITIONER(S)/REVISION PETITIONER/5TH JUDGMENT DEBTOR:

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KRISHNAN REGHUNATHAN BABU, KRISHNA BHAVAN, KALLINGAL, CHANDAVILA KARIPUR, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR

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RESPONDENT(S)/DECREE HOLDERS AND LEGAL REPRESENTATIVES:

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1. PAPPUKUTTY VENUGOPALAN @ VENUGOPAL SODAR, RESIDING AT T.C.30/939 (OLD) T.C.39/798, PETTA PETTA VILLAGE, THIRUVANANTHAPURAM-695 573.

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2. BHANUMATHY INDIRA DEVI, KAVUVILAKATHU VEEDU, MUKKOLA, NEAR MOSQUE KACHANI, NETTAYAM, VATTIYORKAVU THIRUVANANTHAPURAM-695 013.

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3. BHANUMATHY VASANTHAKUMARI, INDIRA BHAVAN, MUKKOLA, AYYAPPANKKUZHI PANKODE, PARUTHIKUZHI.P.O., NEDUMANGAD THIRUVANANTHAPURAM - 6905 541.

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4. BHANUMATHY SUSHAMA SEVI, ROY BHAVAN, SREEKARIYAM, THIRUVANANTHAPURAM-695 017.

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5. BHYANUMATHY VIJAYAMBIKA (MUSIC TEACHER), INDIRA BHAVAN, AYYAPPANKUZHI, PANKODE PARUTHIKUZHI.P.O., NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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C.R.P. NO.236 OF 2011

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6. LEELA BAI, ANADESWARAM PUTHAN VEEDU, ELIYAVOOR. UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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7. K.SASANKA MANIDHARAN, ANADESWARAM PUTHEN VEEDU, ELIYAVOOR UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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8. M.LALITHAMMA,

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ANADESWARAM PUTHEN VEEDU, ELIYAVOOR UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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9. M.SARALA,

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ANADESWARAM PUTHEN VEEDU, ELIYAVOOR UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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10. BHARGAVI SULOCHANA, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE, VARKALA THIRUVANANTHAPURAM-695 141.

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11. BHARGAVI SARALA, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 141.

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12. BHARGAVI SULEKHA @ CHANDRIKA, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 141.

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13. BHARGAVI SANTHAKUMARY, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 141.

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14. GANGADHARAN ROSE CHANDRA BABU, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 141.

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15. BHARGAVI SASIKALA, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 141.

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C.R.P. NO.236 OF 2011

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16. BHARGAVI SUJITHKUMARI, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 141.

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17. GANGADHARAN RATHEESH BABU, KOZHIYOTTU VILA VEEDU, KAPPILDESAMM EDAVA COTTAGE VARKALA, THIRUVANANTHAPURAM-695 541.

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18. M.ARAVIND, MANI MANDIRAM, NEAR MISSION BUNGLOW, ATTINGAL THIRUVANANTHAPURAM-6905 101.

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19. M.AMBIKESAN, MANI MANDIRAM, NEAR MISSION BUNGLOW, ATTINGAL THIRUVANANTHAPURAM-695 101.

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20. D.VIMALAMBIKA, MANI MANDIRAM, NEAR MISSION BUNGLOW, ATTINGAL THIRUVANANTHAPURAM-695 101.

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21. LALI PUSHPANGADHAN, MANI MANDIRAM, NEAR MISSION BUNGLOW, ATTINGAL THIRUVANANTHAPURAM-695 101.

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22. LAILA PRASAD,

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MANI MANDIRAM, NEAR MISSION BUNGLOW, ATTINGAL THIRUVANANTHAPURAM-695 101.

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23. SUNITHA BHARGAVAN, KOVIL VILAKOM VEEDU, KAVARADI ROAD, PETAH THIRUVANANTHAPURAM-695 573.

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24. RADHAKRISHNAN, KOVIL VILAKOM VEEDU, KAVARADI ROAD, PETAH THIRUVANANTHAPURAM-695 573.

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25. SARACHANDRA BABU, SON OF JAGADAMMA, BUNGLOW VILAKATHU VEEDU, WATT'S LINE, NANTHANCODE THIRUVANANTHAPURAM-695 007.

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26. GIRISH CHANDRAN, SON OF JAGADAMMA, BUNGLOW VILAKATHU VEEDU, WATT'S LINE, NANTHANCODE THIRUVANANTHAPURAM-695 007.

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27. GIRIJA KUMARI, D/O.JAGADAMMA, BUNGLOW VILAKATHU VEEDU, WATT'S LINE, NANTHANCODE THIRUVANANTHAPURAM-695 007.

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C.R.P. NO.236 OF 2011

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28. GEETHA, D/O. JAGADAMMA, BUNGLOW VILAKATHU VEEDU, WATT'S LINE, NANTHANCODE THIRUVANANTHAPURAM-695 007.

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29. ABHILASH, SON OF RAVEENDRA BABU, VIJAYA COTTAGE, HOUSE NO.VIII/20, JANATHA ROAD CHEMBAZHANTHY, THIRUVANANTHAPURAM-695 013.

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30. ANAND @ ANEESH, SON OF RAVEENDRA BABU, VIJAYA COTTAGE, HOUSE NO.VIII/20, JANATHA ROAD CHEMBAZHANTHY, THIRUVANANTHAPURAM-695 013.

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31. ANEESH, SON OF RAVEENDRA BABU, VIJAYA COTTAGE, HOUSE NO.VIII/20, JANATHA ROAD CHEMBAZHANTHY, THIRUVANANTHAPURAM-695 013.

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32. DR.M.VIJAYAKUMAR, INDIRA BHAVAN, AYYAPPANKUZHI, PARUTHIKUZHI UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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33. KRISHNAN RAVINDRA BABU, KRISHNA BHAVAN KALLINGAL, CHANDAVILA, KARIPUR VILLAGE THIRUVANANTHAPURAM-695 541.

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34. BHARGAVI VALSALA KUMARI, KRISHNA BHAVAN KALLINGAL, CHANDAVILA, KARIPUR VILLAGE THIRUVANANTHAPURAM-695 541.

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35. BHARGAVI SAILAJA KUMARI, KRISHNA BHAVAN KALLINGAL, CHANDAVILA, KARIPUR VILLAGE THIRUVANANTHAPURAM-695 541.

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36. KRISHNA SAMBASIVAN, KRISHNA BHAVAN KALLINGAL, CHANDAVILA, KARIPUR VILLAGE THIRUVANANTHAPURAM-695 541.

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37. BHARGAVI USHAKUMARY, KRISHNA BHAVAN KALLINGAL, CHANDAVILA, KARIPUR VILLAGE THIRUVANANTHAPURAM-695 541.

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38. MOHANA CHANDRAN, ANANDESWARATHU VEEDU, AYYAPPANKUZHI UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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C.R.P. NO.236 OF 2011

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39. LALITHAMBIKA, ANANDESWARATHU VEEDU, AYYAPPANKUZHI UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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40. K.R.JAYACHANDRAN, KRISHNA VILASAM, KALLINGAL, CHANTHAVILA KARIPPORU VILLAGE, THIRUVANANTHAPURAM-695 541.

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41. CHANDRAKUMAR @ AMBI, KAVIL PUTHEN VEEDU, AMBALATHARA, POONTHURA THIRUVANANTHAPURAM, NOW RESIDING AT PRAKASH MANDIRAM PARUTHIKKUZHI, NEDUMANGAD, THIRUVANANTHAPURAM-695 541.

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42. JAYAKUMARI @ MAYA, PRAKASH MANDIRAM, PARUTHIKKUZHI, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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43. KRISHNA KUMARI @ PRASANNA, VISAKH, PARUTHIKUZHI, UZHAMALAKKAL VILLAGE NEDUMANGAD, THIRUVANANTHAPURAM-695 541.

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44. GEETHA, PRAKASH MANDIRAM, PARUTHIKKUZHI, UZHAMALAKKAL VILLAGE NEDUMANGAD, THIRUVANANTHAPURAM-6905 541.

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45. RADHIKA,

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EDAVIOLAKATHU VEEDU, NANNIYODU, PALODE VILLAGE NOW RESIDING AT PRAKASH MANDIRAM, PARUTHIKKUZHI.P.O UZHAMALAKKAL VILLAGE, NEDUMANGAD THIRUVANANTHAPURAM-695 541.

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46. REEJ, SON OF VASAVAN, KALLINGAL CHANTHAVILA VEEDU, KARIPPOORU VILLAGE NEDUMANGAD, THIRUVANANTHAPURAM-695 541.

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47. RAVEENDRAN, SON OF LEKSHMANA PANICKER, VIAHKH, AYYAPPANKUZHI, PARUTHIKKUZHY.P.O. THIRUVANANTHAPURAM-695 541.

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48. HANEESH, SON OF RAVEENDRAN, VISHAKH, AYYAPPANKUZHI, PARUTHIKKUZHY.P.O. THIRUVANANTHAPURAM-695 541.

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49. KEERTHI (MINOR), D/O.KRISHNANKUTTY, VISHAKH, AYYAPPANKUZHI, PARUTHIKKUZHY.P.O. THIRUVANANTHAPURAM -695 541. REPRESENTED BY RESPONDENT NO.47 RAVEENDRAN.

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BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) R2 TO 32, R 38 TO 42, R 44, R45, R 47 TO 49,

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RR-R33 BY ADV. SRI.P.V.KUNHIKRISHNAN RR-R35,R37 & 46 BY ADV. SRI.O.D.SIVADAS

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12.02.2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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C.R.P. NO.236 OF 2011

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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ANNEXURE-I A TRUE COPY OF THE COMMISSION REPORT IN O.S. NO.99 OF 2976 OF THE SUBORDINATE JUDGE'S COURT, NEDUMANGAD.

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RESPONDENT(S)' EXHIBITS: NIL

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TRUE COPY

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P.S. TO JUDGE

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THOMAS P.JOSEPH, J.

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==================================== C.R.P. No.236 of 2011

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====================================

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Dated this the 12^th day of February, 2013

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O R D E R

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This Civil Revision arises from the order dated 11.04.2011 in E.P. No.29 of 2007 in O.S. No.99 of 1976 of the Sub Court, Nedumangad.

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Respondents 1 to 31 obtained preliminary decree for redemption of mortgage, in O.S. No.99 of 1976. That preliminary decree was confirmed in A.S. No.224 of 1980. S.A. No.250 of 1984 arising there from was partly allowed modifying the preliminary decree. As per the modified preliminary decree respondents 1 to 31 were to pay Rs.7,000/- as mortgage money and Rs.70,185.86 was assessed as value of improvements payable to the petitioner/judgment debtor. The mortgage money was allowed to be set off in the value of improvements payable to the judgment debtors and the balance amount came to Rs.64,461/-.

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A final decree for redemption was passed on 31.05.2003. That final decree has become final. Final decree directed that petitioner is entitled to revision of value of

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C.R.P. No.236 of 2011

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-: 2 :-

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improvements quantum of which was to be decided in the execution proceeding.

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Respondents 1 to 31 filed E.P. No.129 of 2007 in the executing court. In the executing court four reports were obtained as to the value of improvements payable to the petitioner. The 4^th report assessed value of improvements as Rs.63,59,375.58.

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The executing court after consideration of that report came to the conclusion that value of improvements payable to the petitioners is only Rs.9,25,048.50 and fixed the damages payable to the respondents 1 to 31 at Rs.3,13,802/-. The balance amount, after adjustment of damages and payable to the petitioner was fixed as 6,11,246.40. Challenging that order, petitioner have filed this Civil Revision.

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Having heard counsel on both sides and in view of the decision I propose to take, it is not necessary to await notice of respondents 32 onwards.

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Learned counsel for petitioner contended that executing court was not right in slashing down value of improvements payable to the petitioner. Learned counsel for respondents 1 to 31 contended that executing court has

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C.R.P. No.236 of 2011

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-: 3 :-

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considered the matter in depth and has come to the right conclusion.

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As revealed from the order of the executing court it is seen that the said court has considered each and every item of improvement reported and assessment made by the Advocate Commissioner in the 4^th report. Executing court has also referred to the relevant decisions to say in what way value of improvements has to be referred. It is also seen that all improvements reported by the Advocate Commissioner were taken into account and after giving permissible deductions, value of improvements was assessed. The executing court has found that Advocate Commissioner can only assess value of improvements made by the tenants of the property. A further finding made by the executing court is that respondents 1 to 31 suffered damages due to the act of petitioner.

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Though it is contended by the learned counsel for petitioner that assessment made by the executing court is not correct and there was no reason to slash down value of improvements assessed by the Advocate Commissioner in the way executing court has dealt with the matter in depth taking each item separately, I do not find any illegality or infirmity in

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C.R.P. No.236 of 2011

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-: 4 :-

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the decision of the executing court. In that view of the matter, nothing survives for decision in this matter.

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Learned counsel for respondents 1 to 31 submitted that value of improvements less damages caused to respondents 1 to 31 is already deposited in the executing court. In the light of what is stated above, I do not find reason to interfere with the impugned order.

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The Civil Revision is dismissed.

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All Interlocutory Applications will stand dismissed.

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THOMAS P. JOSEPH, JUDGE.

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vsv

Krishnan Reghunathan Babu v. Pappukutty Venugopalan @ Venugopal Sodar

Case brief

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Krishnan Reghunathan Babu v. Pappukutty Venugopalan @ Venugopal Sodar

Case brief

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