IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 CRP.No. 960 of 2004() --------------------- I.A.NO.2881/2001 IN LAR.1624/1988 of III ADDL.SUB COURT, ERNAKULAM .................... REVN. PETITIONER/RESPONDENT/DECREE HOLDER: ------------------ RAJAN, S/O.LATE CHENNI, VADAKKUMPURATH HOUSE, EROOR, NADAMA VILLAGE, KANAYANOOR TALUK. BY ADVS. SRI.K.S.BABU SMT.N.SUDHA RESPONDENT/PETITIONER/1ST RESPONDENT: ------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION BUILDINGS, KAKKANADU, KOCHI-30. BY GOVT. PLEADER SRI. C.M.KAMMAPPU THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 10/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 960 OF 2004 -------------------------------------------- Dated this the 10th day of June, 2008 O R D E R The decree holder in L.A.R. No. 1624 of 1988 on the file of the III Additional Sub Court, Ernakulam is the revision petitioner. The State of Kerala is the judgment debtor. The judgment debtor filed I.A. No.2881 of 2001 seeking refund of Rs.64,759/- with interest at 15% per annum from 3.11.1995. The application was filed consequent to the modification of the judgment and decree by this Court. The trial court, on examination of the question involved, found that practically there was no dispute with regard to the fact that the petitioner is entitled to get back the excess amount deposited. As per the statement filed by the judgment debtor, the excess amount due to the State is Rs.39,727/- whereas as per the statement furnished by the decree holder the amount comes to Rs.39,555/-. The court below observed that the difference between the two amounts is very negligible and held that the judgment debtor is entitled to get Rs.39,555/- with interest at 6% per annum. C.R.P. NO.960/2004 2 In the facts and circumstances of the case, I find no reason for the revision petitioner to approach this Court challenging the order passed by the court below which is an order accepting the statement filed by him. Hence, there is no merit in the Civil Revision Petition and it is accordingly dismissed with costs of Rs.2000/-. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.960/2004 3 HAURN-UL-RASHID, J. C.R.P. NO. 960/2004 O R D E R 10th JUNE, 2008