IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE WEDNESDAY, THE 18TH JULY 2007 / 27TH ASHADHA 1929 CRP.No. 397 of 2004() --------------------- (AGAINST THE ORDER DATED 11/12/2003 IN EP 462/02 IN LAR.751/1988 ON THE FILE OF THE SUB COURT, ERNAKULAM) .................... REVN. PETITIONERS: JUDGMENT DEBTORS IN THE E.P.: --------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DISTRICT COLLECTOR, ERNAKULAM. 2. COCHIN EXPORT PROCESSING ZONE, KAKKANAD, REPRESENTED BY ITS DEVELOPMENT COMMISSIONER. BY GOVERNMENT PLEADER SRI.SHYSON P.MANAGUZHA RESPONDENTS: DECREE HOLDERS IN TH E.P.: ---------------------------------------------------------------------- UNNIKRISHNAN NAIR S/O. PARUKUTTY AMMA, KULAVELIL, THUTHIYOOR, KOCHI-30. BY ADV. SMT.PREETHY KARUNAKARAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/07/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE, J. ---------------------------------------------- C.R.P. No.397 of 2004 G --------------------------------------------- Dated this the 18th day of July, 2007. O R D E R The Government is aggrieved by the order of the Execution Court determining that the balance amount due from the Government/Judgment Debtor in a Land Acquisition Decree is Rs.95,531.35. 2. I am of the view that, having regard to the principles laid down by the Constitution Bench of the Supreme Court in Sunder v. Union of India {2001 (3) KLT 489} and the decision of the Supreme Court in Gurpreet Singh v. Union of India {2006(8) SCC 457} regarding the mode of appropriation of part payments towards decree debt in Land Acquisition cases, the matter requires reconsideration. 3. Accordingly, I set aside the impugned order and direct the Execution Court to pass fresh orders at the C.R.P. No.397 of 2004 :: 2 :: earliest, at any rate within one month of receiving a copy of this judgment as to what is the correct amount due to the decree holder under the decree in question. Civil Revision Petition is disposed of as above. Sd/- (PIUS C. KURIAKOSE) JUDGE sk/ //true copy//