IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 CRP.No. 859 of 2007() --------------------- (E.P 256/98 IN L.A.R 134/89 OF THE PRINCIPAL SUB JUDGE, KOTTAYAM ) REVN. PETITIONER: JUDGMENT DEBTOR --------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT. R.BINDU RESPONDENT: DECREE HOLDER -------------------------- MATHAI GEORGE, PULINGAPPALLIL HOUSE, ATHIRAMPUZHA. BY ADV. SRI.PHILIP T.VARGHESE THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA 2386/07 IN CRP 859/07 DISMISSED 22.1.08 SD/- M.N.KRISHNAN, JUDGE /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 859 OF 2007 --------------------- Dated this the 22nd day of January, 2008 ORDER This revision petition is preferred against the order of the Principal Sub Judge, Kottayam in E.P 256/98 in L.A.R 134/89 whereby it is found that a balance amount of Rs.24,624/- is due from the Government to the decree holder. Learned Government Pleader contends that the court below has not considered the objections raised by the Government regarding the correctness of the amount. It appears to be so for the reason that there is no discussion about the objections raised by the government or any consideration of the statement said to have been filed by the Government Pleader and hence the matter requires reconsideration especially in the light of the various decisions regarding the entitlement of the claimant. Therefore, the order under challenge is set aside and the matter is remitted back to the court below for fresh consideration of the amount due to the decree holder, after hearing both sides, i.e. the decree holder as well as the judgment debtor, and arrive at a figure along with a direction to deposit the amount, if there is any balance due. Parties are directed to appear before the court below on 18.2.08. M.N.KRISHNAN, JUDGE vps