IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 3RD OCTOBER 2011 / 11TH ASWINA 1933 CRP.No. 608 of 2010() --------------------- EA NO. 1123/2009 IN EP NO.631/2006 IN LAR.45/1993 of II ADDL.SUB COURT,THRISSUR .................... REVN. PETITIONER: RESPONDENT/JUDGMENT DEBTOR IN E.A. ---------------------------------------------------- SPL. TAHSILDAR (L.A.) GENERAL, THRISSUR, REP. BY DISTRICT COLLECTOR, THRISSUR. BY GOVT. PLEADER SRI. P.K.SAJEEV RESPONDENT(S): PETITIONERS/DECREE HOLDERS IN E.A. ------------------------------------------------- 1. THANDASSERY VIJAYARAGHAVAN, S/O THANDASSERY RAMAN, VADAKUMURI DESOM, ADAKUMURI VILLAGE, THRISSUR TALUK. 2. THANDASSERY BHASKARA PRASAD, S/O THANDASSERY RAMAN, VADAKUMURI DESOM, VADAKUMURI VILLAGE, THRISSUR TALUK. 3. THANDASSERY BALARAMAN, S/O THANDASSERY RAMAN, VADAKUMURI DESOM, VADAKUMURI VILLAGE, THRISSUR TALUK. 4. THANDASSERY PRITHEWRAJ, S/O THANDASSERY RAMAN, VADAKUMURI DESOM, VADAKUMURI VILLAGE, THRISSUR TALUK. R1 TO R4 BY ADV. SRI.C.P.WILSON SMT.ROSE MICHAEL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA THOMAS P. JOSEPH, J. ---------------------------------------------- C.R.P No. 608 OF 2010 ----------------------------------------------- DATED THIS THE 3rd DAY OF OCTOBER, 2011 O R D E R Order dated December 15, 2009 in E.P No.631 (of 2006 as the order states, but of 2000 as learned counsel for the respondents states) in L.A R No.45 of 1993 of the court of learned Second Additional Sub Judge, Thrissur is under challenge. 2. Certain amount was deposited by the petitioner/Government. Learned Sub Judge as per order on E.A No.1123 of 2009 reviewed the order dated June 30, 2009. 3. When this matter was taken for hearing, learned Government Pleader appearing for the petitioner and learned counsel for the respondents submitted that Executing Court could be directed to calculate the amount (if any) due in the light of the decision reported in Gurpreet Singh V. Union of India (2006) 8 SCC 457. Learned counsel for the respondent submitted that both sides may be directed to file statements accordingly and the executing court may be directed to fix amount due after appropriations the amount deposited in the manner stated in the decision cited supra. CRP No.608 of 2010 -2- 4. Since on hearing both sides it is seen that both sides wanted a proper appropriation of the amount deposited in the light of the decision cited supra it appears to me that the proper course is to set aside the order and send back the case to the court below. 5. The impugned order dated December 15, 2009 on E.A No.1123 of 2009 in E.P No. 631 of 2006/(or 2000, as the case may be) in L.A.R No.45 of 1993 is set aside and the learned Sub Judge is directed to consider appropriation of the amount deposited in the manner directed in the decision cited supra and fix the amount if any payable to the respondents. Both sides shall file statement in the Executing Court accordingly. Executing Court is directed to expedite the decision in the matter. Civil Revision Petition is disposed of. Sd/- THOMAS P. JOSEPH JUDGE AMG True copy P.A to Judge