IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 CRP.No. 261 of 2010() --------------------- AGAINST THE ORDER DATED 20/08/2009 IN EP 130/08 IN LAR.25/1996 of PRINCIPAL SUB COURT, KOZHIKODE .................... REVN. PETITIONER(S): RESPONDENT ------------------------------- THE SPECIAL TAHSILDAR(LA),N.H.I, KOZHIKODE DISTRICT. BY GOVERNMENT PLEADER RESPONDENT(S): PETITIONERS -------------------------- 1. MELEKUTTITHODI MADHAVI,KOMMERI.PO, KOZHIKODE. 2. MELEKUTTITHODI SUMITHRA,KOMMERI.PO, KOZHIKODE. 3. MELEKUTTITHODI SAVITHRI,KOMMERI.P.O, KOZHIKODE. 4. MELEKUTTITHODI KAMALA,KOMMERI.P.O, KOZHIKODE. 5. MELEKUTTITHODI VIJAYAN,KOMMERI.P.O, KOZHIKODE. 6. MELEKUTTITHODI BHARATHAN,KOMMERI.P.O, KOZHIKODE. 7. MELEKUTTITHODI ASOKAN,KOMMERI.P.O, KOZHIKODE. 8. MELEKUTTITHODI SATHYABHAMA,KOMMERI.P.O, KOZHIKODE. 9. MALEKUTTITHODI USHA,KOMMERI.P.O, KOZHIKODE. 10. MELEKUTTITHODI SHEELA,KOMMERI.P.O, KOZHIKODE. ADV. SRI.P.V.KUNHIKRISHNAN FOR R1 TO 10 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- C.R.P.No.261 of 2010 -------------------------------------- Dated this the 26th day of July, 2010. ORDER Heard learned Government Pleader appearing for petitioner and learned counsel for respondent. 2. Order dated 20.08.2009 in E.P.No.130 of 2008 in L.A.R. No.25 of 1996 of the court of Principal Sub Judge, Kozhikode is under challenge in this revision. For the amount allegedly due to respondent, she filed a calculation statement showing the balance amount due. Learned Sub Judge has accepted that statement and ordered attachment of property. Learned Government Pleader states that there was no proper verification of the calculation statement to ascertain whether any balance amount is due to the respondent and hence, the order under challenge is bad in law. Learned counsel for respondent contends that on 01.06.2010 Special Tahsildar-LA (NH) has deposited Rs.2,51,967/- in the executing court. As per statement filed by the respondent balance amount due is Rs.3,33,543.68 but statement filed by the Special Tahsildar-LA, a copy of which is given to me for perusal by learned counsel shows that balance amount due is Rs.2,51,967/-. Executing court has to consider statements filed by parties and decide whether any further amount is CRP No.261/2010 2 due to the respondent. The order under challenge does not show that executing court has applied mind and decided what exactly is the balance amount if any, due to the respondent. Hence that order cannot be sustained. Resultantly this revision petition is allowed and impugned order dated 20.08.2009 is set aside. Matter is remitted to the executing court. Executing court shall consider statements filed by the parties and decide whether any balance amount is due to the respondent. Question of issuing attachment would follow the result of that finding and failure of petitioner to deposit that amount within a reasonable time. Executing court shall decide the matter within one month from the date of receipt of a copy of this judgment. I.A.No.1199 of 2010 will stand dismissed. THOMAS P.JOSEPH, Judge. cks