IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH MARCH 2009 / 21ST PHALGUNA 1930 WP(C).No. 4510 of 2009(J) ------------------------- OS.1396/1993 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER(S): ------------------------ SUJATHA VELAYUDHAN, S/O.LATE VELAYUDHAN, AGED 60 YEARS, CAICO ROAD, THRISSUR. BY ADVS. MR.JOHNSON P.JOHN, MR.BABY MATHEW. RESPONDENT(S): ---------------------------- MANAGER, THE SOUTH INDIAN BANK LTD., OLLUR BRANCH, THRISSUR. BY ADV. MR.K.K.JOHN,SC,SOUTH INDIAN BANK LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.4510 of 2009 --------------------------------------------- Dated this the 12th day of March, 2009 JUDGMENT The petitioner is the judgment debtor in O.S.No.1396 of 1993 on the file of the court of the Subordinate Judge of Thrissur. In the execution proceedings, there was dispute as to what is the balance amount to be paid. Both parties filed statement. The court below passed an order dated 27th June 2003 which was challenged by the decree holder in C.R.P.No.2180 of 2003. As per the order dated 27.6.2003, the executing court held that no further amount is payable by the judgment debtor. This Court in C.R.P.No.2180 of 2003 set aside the order of the executing court dated 27th June 2003 and directed the executing court to dispose of the matter afresh. It was held that the judgment debtor is liable to pay interest only at 9%, in the peculiar facts and circumstances of the case. The executing was directed to receive the statement from both sides. 2. Thereafter, the decree holder as well as the judgment debtor filed statements. According to the statement filed by the WPC No.4510/2009 2 decree holder, the judgment debtor has to pay a balance amount of Rs.92,172.75. The judgment debtor stated in the statement that the balance due is only Rs.20,865/- including costs as on 1.1.2009. The court below accepted the statement filed by the decree holder and held that the judgment debtor is liable to pay Rs.92,172.75. That order is under challenge in this Writ Petition. The contention of the petitioner is that interest calculated by the decree holder is not in accordance with the order of this Court in C.R.P.No.2180 of 2003. 3. Sri.K.K.John, learned counsel appearing for the decree holder Bank submitted that a mistake has crept in while calculating the amount due from the judgment debtor and that the statement filed by the judgment debtor is correct. He submitted that the statement filed by the judgment debtor can be accepted and orders can be passed accordingly. 4. For the aforesaid reasons, the order passed by the executing court is set aside. The statement dated 1st January 2009 filed by the judgment debtor is accepted as reflecting the amount payable by the judgment debtor as on 1.1.2009. The executing court shall proceed with the execution proceedings for WPC No.4510/2009 3 realisation of the amount shown in the statement filed by the judgment debtor. It is agreed by the Writ Petitioner/judgment debtor that the balance amount will be paid before 31.3.2009. It is submitted by the learned counsel appearing for the petitioner/ judgment debtor that on payment of the full amount, let the Bank return all the title deeds. Sri.K.K.John, learned counsel appearing for the Bank submitted that if the full amount is paid, the Bank would not be interested in keeping the documents and the documents will be returned forthwith subject to any lien that may be available to the Bank. The Writ Petition is allowed as above. K.T.SANKARAN, JUDGE csl