K.M.Suresh Babu, Vs Chalil Kunhikrishna Kurup

CHALIL KUNHIKRISHNA KURUP, S/O. KANARA KURUP, AGED 94 YEARS, RESIDING AT SIVOHAM, MALAPARAMBA HOUSING COLONY, CHEVAVOOR AMSOM AND DESOM, KOZHIKODE TALUK, KOZHIKODE-673 009

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 06.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NO. 577 OF 2021 2

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ORDER

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The future interest granted at the rate of 9% to the

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sum adjudged in a suit for recovery of advance amount was sought to be reviewed on the ground that it violates the mandate under Section 34(1) of Code of Civil Procedure. In support of their argument, the order of the Apex Court in Special Leave application brought to the notice of this Court. The future interest (from the date of decree till the realisation) payable shall not exceed 6% per annum unless the transaction is of commercial nature. Reliance was also placed on a Division Bench decision of this Court in Sujeth P.S. and another v. C.S.Ramesh (2020

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KHC 2363). Hence review is allowed modifying the rate of future interest (from the date of suit till the date of realisation) to the sum adjudged in the impugned decree and judgment. A fresh decree shall be drawn modifying the interest at 6% per annum to the sum adjudged from the date of decree till realisation. Review hence, allowed accordingly.

Sd/-

P.SOMARAJAN

JUDGE

msp

K.M.Suresh Babu, v. Chalil Kunhikrishna Kurup

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K.M.Suresh Babu, v. Chalil Kunhikrishna Kurup

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