IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 CRP.No. 186 of 2008() --------------------- AGAINST THE ORDER DATED 20/11/2006 IN EP.280/2004 IN LAR.45/1990 of PRL.SUB COURT,KOTTAYAM .................... REVN. PETITIONER: DECREE HOLDERS ----------------------- STATE OF KERALA,REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.R.BINDU. RESPONDENTS: ------------- 1. CHACKO JAMES (DIED) 2. ALEYAMMA JAMES (DIED) KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 3. BIJOY J.PAUL, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 4. BEENA JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 5. ANNAMMA JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 6. ROSAMMA JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 7. JOSEPH JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 8. ROBY JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 9. ELLIZABETH JAMES,. KAROTTUPEEDIACKAL, ATHIRAMPUZHA. CRP.NO.186/2008 : 2 : 10. MICHAEL JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 11. TREESA JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 12. BIBI JAMES, KAROTTUPEEDIACKAL, ATHIRAMPUZHA. 13. REGISTRAR,MAHATMA GANDHI UNIVERSITY. BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R13 SRI.SOORAJ T.ELENJICKAL FOR R10 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.186 of 2008 ------------------------------- Dated this the 22nd July, 2008. O R D E R This revision petition is filed under Section 115 of the Code of Civil Procedure challenging the order passed by Principal Sub Judge, Kottayam, in E.P.No.280 of 2004 in L.A.R.No.45 of 1990 dated, 20.11.2006, fixing the balance amount at Rs.77,346/=. 2. The learned Government Pleader was heard at the admission stage. In the light of the orders being passed in the revision petition, it is not necessary to issue notice to the respondents. 3. The impugned order does not show how the balance amount was fixed. The case of the petitioner is that though an objection was filed, it was not taken into consideration by the court and in fact the entire amount due was deposited. As the impugned order does not show that the contention raised by the State was CRP.No.186 of 2008 2 considered, the impugned order is quashed. Principal Sub Judge, Kottayam, is directed to pass fresh orders, fixing the correct amount due, considering the objection filed by the State and after hearing the parties. Revision Petition is disposed as above. M.SASIDHARAN NAMBIAR, JUDGE nj.