Remanded

State of Kerala v. T Girijakumari Amma

Kerala HC9 Sept 2016CRP/329/2014

Case brief

AI extract

What is this about?

In a civil revision petition, the Kerala High Court held that courts cannot exercise revisional jurisdiction to make fresh calculations. The disputed execution order was set aside and remitted to the Execution Court to pass a fresh order based on calculation statements filed by both parties.

What did the court decide?

The impugned order is set aside and the matter is remitted to the Execution Court to pass an order afresh after considering calculation statements filed by both parties.

State of Kerala Vs T Girijakumari Amma — Execution and Attachment | Kerala HC (2016)

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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 K.HARILAL

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FRIDAY, THE 9TH DAY OF SEPTEMBER 2016/18TH BHADRA, 1938

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CRP.No. 329 of 2014 ()

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AGAINST THE ORDER IN E.P.NO.20/2009 DT 11.10.2013 IN LAR 17/1993 of SUB COURT,NEYYATTINKARA

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REVISION PETITIONER(S)/REVISION PETITIONER:

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STATE OF KERALA

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REP BY THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM

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BY ADV.P.M.SATHISH, GOVERNMENT PLEADER

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RESPONDENT(S)/RESPONDENTS:

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1. T GIRIJAKUMARI AMMA

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K J NILAYAM, MALAYAM, MALAYAM P O, THIRUVANANTHAPURAM-PIN695571

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2. SARASWATHY AMMA

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D/O.THANKAMMA, K J NILAYAM, MALAYAM, MALAYRAM P O, THIRUVANANTHAPURAM-PIN-695571

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3. T VIJAYALEKSHMI AMMA

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D/O.THANKAMMA, K J NILAYAM, MALAYAM, MALAYRAM P O, THIRUVANANTHAPURAM-PIN-695571

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4. T RADHAMANI AMMA

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D/O.THANKAMMA, K J NILAYAM, MALAYAM, MALAYRAM P O, THIRUVANANTHAPURAM-PIN-695571

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5. B K JANARDHANA PILLAI K J NILAYAM, MALAYAM, MALAYRAM P O, THIRUVANANTHAPURAM-PIN695571

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R1-R5 BY ADV. SRI.S.MOHAMMED AL RAFI

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09-09-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.HARILAL, J.

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.................................................... C.R.P.NO.329 OF 2014

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..................................................... Dated this the 9^th day of September, 2016

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JUDGMENT

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The revision petitioner is the respondent in E.P.No.20/2009 in LAR No.17/1993 of the Sub Court, Neyyattinkara and the respondents herein are the claimants. The above Execution Petition is filed by the claimants for realisation of an amount of ₹14,94,486/(Rupees fourteen lakhs ninety four thousand four hundred and eighty six only). The petitioner filed an objection stating that the claimants are not entitled to get the said amount. After considering the said objection, the court below passed the impugned order directing the petitioner to deposit an amount of 13,36,183/- (Rupees thirteen lakhs₹ thirty six thousand one hundred and eighty three only). The correctness of the calculation whereby the court below reached such an amount is impugned in this Civil Revision Petition.

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C.R.P.NO.329 OF 2014

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Heard the learned Government Pleader appearing for the revision petitioner and the learned counsel appearing for the respondents.

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The sum and substances of the arguments advanced by the learned Government Pleader for the petitioner is that the court below has not considered the objection raised by the petitioner and the court below absolutely went wrong in calculating the amount due to the respondents. Per contra, the learned counsel for the respondents advanced arguments to justify the calculation made by the court below. This Court directed both parties to file a calculation statement in accordance with their versions and in compliance with the said direction, both parties have filed calculation statement calculating the amount in different ways.

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This Court is not inclined to make calculations in exercise of the revisional jurisdiction, which is confined to illegality and impropriety. Consequently, the impugned

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C.R.P.NO.329 OF 2014

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order is set aside and the matter is remitted back to the Execution Court for passing an order afresh after considering the calculation statements to be filed by both parties. Both parties are directed to file calculation statements before the Execution Court, within a period of two months from today. The Execution Court shall dispose the Execution Petition within a period of three months from today.

K.HARILAL, JUDGE

sks/17/9/2016

C.R.P.NO.329 OF 2014

State of Kerala v. T Girijakumari Amma

Case brief

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State of Kerala v. T Girijakumari Amma

Case brief

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