IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 CRP.No. 1045 of 2005() ---------------------- AGAINST THE ORDER DATED 14/06/2005 IN EP 57/03 IN LAR.8/1994 of SUB COURT, TIRUR .................... REVN. PETITIONER: CLAIMANT -------------------------- MANHAPADIYAKATH.M.A. ABDU, EDAPPAL AMSOM, THALAMUNDA DESOM, PONNANI TALUK. BY ADVS. SRI.K.RAMACHANDRAN SRI.K.MOHAMMED FAISAL NAHA RESPONDENT/RESPONDENT: ------------- THE SPECIAL TAHSILDAR, LAND ACQUISITION (HH), TIRUR. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 1045 OF 2005 -------------------------------------------- Dated this the 23rd day of May, 2008 ORDER This revision petition is filed by the decree holder in L.A.R. No.8 of 1994 on the file of the Sub Court, Tirur challenging the order of the execution court dated 14.6.2005 in E.P. No.57 of 2003. The execution court after verifying the calculation statements filed by the parties held that the statement filed by the decree holder appears to be not correct, that the entire decree debt has been paid and that no amount is due to the decree holder. After entering such a finding, the execution court recorded full satisfaction and closed the execution petition. 2. In this revision, the revision petitioner/decree holder submitted that on 13.4.2004, he filed a detailed calculation statement which shows that an amount of Rs.26,522.21 is due from the respondent towards full satisfaction of the decree. The learned Government Pleader submitted that the respondent has submitted a calculation statement dated 21.7.2004 which will go to show that the entire amount due as per the decree has been deposited and hence, the respondent is not liable to pay any further C.R.P. NO.1045/2005 2 amount towards discharge of the decree. 3. In the facts and circumstances of the case, I am of the view that an opportunity should be given to the revision petitioner/decree holder to file a revised calculation statement showing the amounts paid by the respondent/judgment debtor and the balance, if any, due to him. This direction is issued on the basis of the finding of the learned Sub Judge that the statement already filed by the revision petitioner appears to be not correct. The respondent/judgment debtor is also entitled to file a revised calculation statement if necessary after going through the revised statement to be filed by the revision petitioner. The revision petitioner shall file the revised statement within a period of one month from today. The execution court shall reconsider the matter and pass orders within a period of two months thereafter. The Civil Revision Petition is disposed of with the above direction. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.1045/2005 3 HAURN-UL-RASHID, J. C.R.P. NO. JUDGMENT 23RD MAY, 2008 C.R.P. NO.1045/2005 4