IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 CRP.No. 874 of 2007() --------------------- AGAINST THE ORDER DATED 14/11/2006 IN EP.77/1997 IN LAR.26/1990 of PRL.SUB COURT,KOTTAYAM .................... REVN. PETITIONER: JUDGMENT DEBTOR --------------------------------- STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER R.BINDU RESPONDENTS: DECREE HOLDERS --------------------------- 1. SOURIYAR VARKEY, RESIDING AT NEDIYAKALAYIL(DIED), AYAMKUDI KARA, MUTTUCHIRA VILLAGE. 2. ADDL.2 VARKEY ULAHANNAN, NEDIYAKALAYIL, AYAMKUDI KARA, MUTTUCHIRA VILLAGE. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN,J. ========================= CRP NO.874 OF 2007 ========================= Dated this the 29th day of February 2008 ORDER This revision petition is preferred against the order of the Subordinate judge, Kottayam in E.P.No.77/1997 in LAR 26/1990. The learned subordinate judge has passed an order as follows: "Balance amount paid at Rs.1,26,697/-. For payment". `It must be `amount to be paid'. 2. The grievance of the government is that objections have not been taken into account and only an amount of Rs.88/- is due. It is not clear from the order of the learned subordinate judge how he had fixed the amount. So, this court is left with no option but to set aside the order and send back it to the same court for fresh consideration. 3. I direct the Court below fix the amount after hearing both sides and pass appropriate orders. I am informed that the government have deposited the amount, but disbursal of the amount be made subject to the final adjudication. The writ petition is disposed of as above. M.N.KRISHNAN, JUDGE css/