IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 CRP.No. 1019 of 2007(D) ---------------------- AGAINST THE ORDER DATED 30/10/2006 IN EP.145/98 IN LAR.39/1994 of PRL.SUB COURT,KOTTAYAM .................... REVN. PETITIONER/JUDGMENT DEBTOR: ------------------------------------------- STATE OF KERALA,REP. BY THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER MS.DEEPA RESPONDENTS/ DECREE HOLDERS: ------------------------------------- 1. ALEYAMMA THOMAS,W/O.THOMAS, OLASSEYIL,PERUNNAI EAST KARA, CHANGANASSERY VILLAGE, CHANGANASSERY TALUK (DIED). 2. ALEX T. OLASSA,S/O. LATE THOMAS OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK (DIED). 3. GEORGE THOMAS,S/O. LATE THOMAS OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. 4. FR.MATHEW,S/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. 5. THOMASKUTTY,S/O. LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. (CNTD...2) CRP.No. 1019 of 2007(D) ::2:: 6. KURIAKOSE,S/O. LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. 7. SMT.MARIAMMA,D/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. 8. SMT.ALEYAMMA,D/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. 9. SMT.ANNAMMA,D/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE, CHANGANASSERY TALUK. 10. SUSAMMA ALEX,D/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE CHANGANASSERY TALUK. 11. MITTY ALEX,S/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE CHANGANASSERY TALUK. 12. TEENA ALEX,S/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE CHANGANASSERY TALUK. 13. TONY ALEX,S/O.LATE THOMAS, OLASSEYIL HOUSE CHANGANASSERY VILLAGE CHANGANASSERY TALUK. ADV. MR.B.KRISHNA MANI FOR R3,10 MS.M.R.ANUPAMA FOR R3,10 THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 02/12/2009, ALONG WITH CRP NO.785 OF 2008 AND CONN.CASES THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- C.R.P.Nos.1019 & 1063 of 2007 and 770 & 785 of 2008 --------------------------------- Dated this the 2nd day of December, 2009 O R D E R C.R.P.No.1063 of 2007 is filed by the State and C.R.P.No.770 of 2008 by the fifth claimant/fifth decree holder challenging the order passed by the Sub Court, Kottayam in E.P.No.71 of 1999 in L.A.R.No.29 of 1994. C.R.P.No.1019 of 2007 is filed by the State and C.R.P.No.785 of 2008, by the additional claimants 3 & 10/additional 3 & 10 decree holders in E.P.No.145 of 1998 in L.A.R.No.39 of 1994 before the Sub Court, Kottayam. Identical issue is involved for consideration in all the four revisions, and as agreed to by the parties they are being heard and disposed under this common order. Learned counsel appearing for the claimants/decree holders and learned Government Pleader for the State/judgment debtors submitted that this Court in previous revisions, C.R.P.Nos.912 of 2007, 16 of 2008 and 650 of 2008, the first one by a separate order, and the latter two by a common order, had considered a similar order passed by the Sub Court and after setting aside the orders remanded the execution petition for fresh consideration. In such C.R.P.No.1019/07 and conn. cases 2 circumstances, as identical issue crops up in the present revisions as well, it is the submission of the counsel on both sides that the impugned orders in the respective revisions be set aside and the case be remanded to the executing court for fresh disposal in accordance with law. In the light of the submissions made by the counsel on both sides and in view of the previous orders passed by this Court remitting the execution petitions for fresh consideration, I find that the impugned orders challenged in the revisions deserve to be set aside. E.P.No.71 of 1999 in L.A.R.No.29 of 1994 and E.P.No.145 of 1998 in L.A.R.No.39 of 1994 are directed to be examined afresh and orders be passed on the amount due to the claimants under the respective decree taking note of the decisions rendered by the apex court in Sunder v. Union of India (2001 (3) KLT 489) and Gurpreet Singh v. Union of India (2008(1) KLT 463). Revisions are disposed of as indicated above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-