IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 CRP.No. 1748 of 2002() ---------------------- AGAINST THE ORDER DATED 09/04/2002 IN IA. 2593 /2002 IN LAR.NO.62/84 AND IA 2593/01 IN LAR 66/1984 of ADL.SUB COURT, THALASSERY .................... PETITIONER: 2ND RESPONDENT: ---------------------------------------------------- P.K.PREMDEV, S/O. DAMODARAN, KAYYATH HOUSE, KANNUR. BY ADV. SRI.N.N.SUGUNAPALAN RESPONDENTS: PETITIONER:RESPONDENTS 2 TO 5: ------------------------------------------------------------------------------- 1. DR.D.ASHOK, MBBS, P.B.NO.5282, RUWL, SULTANATE OF OMAN. * 2. P.M.SWARNAMMA, 941, POONAMALLI, HIGH ROAD, MADRAS. (REMOVED) *THE 2ND RESPONDENT IS REMOVED FROM THE PARTY ARRAY VIDE ORDER DTD.30/10/03 IN I.A.NO.2043/03. 3. P.K.MEERA JAGADEESH, 941, POONAMALLI HIGH ROAD, MADRAS. 4. LEGAL OFFICER, KERALA FINANCIAL CORPORATION BRANCH OFFICE, S.N.PARK ROAD, KANNUR. 5. THE CHIEF MANAGER, INDIAN BANK, QUILON. R1 BY ADV. SRI.T.A.RAMADASAN SRI.V.B.UNNIRAJ, SC, KFC SMT.K.A.ANURAMA SMT.PRIYA BABU SMT.SMITHA MATHEW R5 SRI.S.EASWARAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON C.M.P.NO.4248/2002 IN C.R.P.NO.1748/2002 DISMISSED 7/01/2008 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 1748 OF 2002 --------------------- Dated this the 7th day of January, 2008 ORDER This revision petition is preferred against the order passed by the Subordinate Judge, Thalassery, in I.A. 2593/02 in LAR 66/84. It is submitted by counsel for both sides that the property, which had been acquired, belonged to them jointly and this court in appeal in the land acquisition proceedings had directed to apportion the compensation in the ratio 2:3:2:2. All the claimants have jointly taken loan from the Kerala Financial Corporation and the present revision petitioner has taken loan from the Indian Bank. So far as the amount due to the Kerala Financial Corporation is concerned, it is the liability of all. Therefore the amount due to the Kerala Financial Corporation has to be deducted before apportioning the amount. So far as the amount due to the Indian Bank is concerned, the present revision petitioner is only having 2/9th shares and since he has got only that much of right over the property, the Bank also cannot claim any right superior to that. In other words, the liability of the Indian Bank has to be cleared by the present revision petitioner from his share that is acquired under the land acquisition proceedings. C.R.P 1748/02 2 Therefore the order passed by the court below does not call for any interference. But being brothers and sisters, if they want to have some adjustments or settlements between themselves, it is for them to do so and the dismissal of this civil revision petition will not stand in the way of their settlement. The civil revision petition is accordingly dismissed. M.N.KRISHNAN, JUDGE vps C.R.P 1748/02 3 M.N.KRISHNAN, J. ------------------------- CRP NO.1748/02 --------------------- ORDER 7th day of January, 2008 C.R.P 1748/02 4 M.N.KRISHNAN, J. ------------------------- CRP NO.298/02 --------------------- ORDER 13th day of December, 2007