IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 CRP.No. 280 of 2009() --------------------- E.P.44/07 IN LAR.49/2003 of III ADDL. DISTRICT COURT, ERNAKULAM .................... REVN. PETITIONER/DECREE HOLDER --------------------------------------------- C.C.ANTONY, S/O.CHUMMAR, CHAKKALAYIL HOUSE, C.C.38, GIRINAGAR NORTH, KOCHI - 20. BY ADV. SRI.P.P.THAMPI SRI.SOMAN P.PAUL RESPONDENTS/JUDGEMENT DEBTORS -------------------------------- 1. STATE OF KERALA, REP. BY DISTRICT COLLECTOR, ERNAKULAM. 2. THE SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, ERNAKULAM. GOVERNMENT PLEADER FOR R1 SRI.S.B.PREMACHANDRA PRABHU FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P.No.280 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 5th October, 2009 ORDER The decree holder in E.P.No.44 of 2007 in LAR No.49 of 2003 has filed this revision challenging the order passed by the learned Sub Judge, Ernakulam fixing the balance amount due under the decree to satisfy the decree debt. Counsel on both sides submits that though statements were filed by both parties, without applying mind, an one line order has been passed holding that the amount due under the decree is Rs.15451.30. Since the statement of accounts has not been considered with reference to the decree passed and the amount already paid, both sides seek for a reconsideration of the matter by the execution court, stating the order impugned shows nonapplication of mind. No reason was set out as to how the amount was arrived at by the court. Setting aside the impugned order, the court below is directed to examine the statement of accounts filed by both parties and pass appropriate orders fixing the amount, if any, due to satisfy the decree debt. The revision is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE