The Court remanded the matter to the execution court for a fresh calculation of the balance amount due between decree holders and judgment debtors, directing the lower court to consider apex court guidelines on interest and costs.
Remand to the execution court to consider the matter afresh upon receiving fresh calculation statements from both parties.
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 SATHISH NINAN
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
CRP.No. 402 of 2018
EP.NO. 587/2010 IN L.A.R.16/1999 OF III ADDL.SUB COURT, ERNAKULAM
PETITIONERS
1 A.C.XAVIER, AIKKARAPARAMBIL HOUSE, B.M.C.P.O., KAKKANAD, NOW RESIDING AT PULIKKAL HOUSE, VYTTILA, COCHIN - 682 019.
2 LILLY XAVIER, W/O. A.C.XAVIER, AIKKARAPARAMBIL HOUSE, B.M.C.P.O., KAKKANAD, NOW RESIDING AT PULIKKAL HOUSE, VYTTILA,
COCHIN - 682 019.
3 A.X. GEORGE, S/O. A.C.XAVIER, AIKKARAPARAMBIL HOUSE, B.M.C.P.O., KAKKANAD, NOW RESIDING AT PULIKKAL HOUSE, VYTTILA, COCHIN - 682 019.
BY ADV.SRI.E.M.JOSEPH
RESPONDENTS:
1. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANAD, COCHIN - 682 030.
2. THE SPECIAL TAHSILDAR LANH-I, ERNAKULAM, CIVIL STATION, KAKKANAD, COCHIN - 682 030.
BY SR GOVERNMENT PLEADER SRI. M.I. JOHNSON
THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
8.6.18
sdr/-
SATHISH NINAN, J.
..........................
C.R.P.No. 402 of 2018
.................................
Dated this the 6th day of June, 2018 ORDER
The decree holders, in a land acquisition award,
are before this Court challenging the order of the execution court whereby full satisfaction of the decree was recorded.
needs to consider the matter afresh. Both the decree holders and the judgment debtors are given an opportunity to file fresh calculation providing the details. The court below shall consider the same and
C.R.P.No. 402 of 2018
2
pass fresh orders in accordance with law. I am sure that the law laid down by the Apex Court in Sunder v. Union of India [2001 (3) KLT 489(SC)] and Gurpreet
Singh v. Union of India (2006) 8 SCC 457 regarding the calculation of interest and costs will also be considered by the court below. Considering the fact that the execution petition is of the year 2010, every endeavour shall be made by the court below to dispose of the proceedings at the earliest.
sd/- SATHISH NINAN, JUDGE
AMV/06/06/2018
1 issue framed by the court
Whether the execution court order recording full satisfaction of decree without explicit calculation details needs to be reconsidered.
Colour shows how this judgement treated each authority
Sunder v. Union of IndiaReferred¶33
Sunder v. Union of India [2001 (3) KLT 489(SC)]
Gurpreet Singh v. Union of IndiaReferred¶33
Gurpreet Singh v. Union of India (2006) 8 SCC 457 · Who else cites this
A.C. XAVIER
LILLY XAVIER
STATE OF KERALA
SATHISH NINAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
SATHISH NINAN
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