IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 CRP.No. 1476 of 2001 AGAINST THE ORDER DATED 08/12/2000 IN EP.36/1996 IN OP(A).170/1994 of PRL.SUB COURT,THIRUVANANTHAPURAM. REVN. PETITIONER: PETITIONER: DECREE HOLDER: BAAJI GOVINDAN, 2/1260, KOTTAPRA LANE, GOWREESAPATTOM, THIRUVANANTHAPURAM (NEW ADDRESS) I.C.WILKNEST POINT GULF LINKS ROAD, THIRUVANANTHAPURAM (NOW RESIDING AT) FEAT I.G.COTTON HILL HEIGHT, VAZHUTHACAUD, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR RESPONDENTS: RESPONDENTS: JUDGMENT DEBTORS; 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 3. THE REGIONAL ENGINEER, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER (DN.NO.1) DIRECTOR, EXECUTIVE UNIT KERALA STATE. R1, 2 AND 3 BY ADV. SRI.T.R.HARIKUMAR, SC, KSHB R4 BY ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ADDITIONAL DOCUMENTS: ANNEXURE A: TRUE PHOTOCOPY OF THE JUDGMENT IN C.R.P.NO.2083/2000 DATED 4TH OCTOBER, 2000. ANNEXURE B: TRUE PHOTOCOPY OF THE BALANCE STATEMENT. //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1476 OF 2001 -------------------------------------------- Dated this the 3rd January, 2008 O R D E R The petitioner challenges the order dated 8.12.2000 in E.P.No.36 of 1996 in O.P.(Arb.) No.170 of 1994, on the file of the Principal Sub Court, Thiruvananthapuram. The order passed by the court below reads thus: “Entire balance decree debt deposited. F.S. recorded. E.P closed. “ 2. Against the earlier order passed by the executing court in E.P.No.36 of 1996, the Kerala State Housing Board and others, the judgment debtors, had filed C.R.P.No.2083 of 2000 and it was disposed of by the order dated 4.10.2000 with certain directions. The case of the petitioner is that the full amount due as per the decree and in terms of the order in C.R.P.No.2083 of 2000 was not deposited by the judgment debtors. According to the judgment debtors, full amount payable to the petitioner was deposited. A calculation statement is filed by the revision petitioner and as per that calculation statement, the balance amount due to the petitioner is Rs.17,708/-. It is disputed by the judgment debtors. 3. Since the court below has not passed a speaking order, it may C.R.P. NO.1476 OF 2001 :: 2 :: not be proper for the revisional court to embark upon an enquiry as to what is the total amount due and whether the amount due as per the terms of the decree have been paid. In these circumstances, I set aside the order passed by the court below and direct the court below to pass a speaking order. The contentions put forward by both the parties shall be adverted to by the court below. The Civil Revision Petition is allowed as indicated above. No order as to costs. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 1476 OF 2001 F O R D E R 3rd January, 2008 -------------------------------------------