IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 Ex.FA.No. 111 of 2009() ----------------------- AGAINST THE ORDER DATED 21/08/2008 IN EA.480/07 IN EP.269/00 IN LAR.20&21/1986 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/JUDGMENT DEBTOR: ----------------------------------------------- THE STATE OF KERALA REP.BY THE CHIEF SECRETARY THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.B.RAMANAND RESPONDENT(S): --------------- 1. KUNJI AMMA RAJAMMA, MELE PUTHUVAL VEEDU KAVALAKALAM NEYYATTINKARA, THIRUVANANTHAPURAM. 2. M.SAIKUMAR, KAVALAKALATHU MELE PUTHUVAL VEEDU, NEYYATTINKARA, THIRUVANANTHAPURAM. R2 BY ADV. SRI.V.SURESH SRI.G.SUDHEER THIS EXECUTION FIRST APPEAL HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & P. BHAVADASAN, JJ. ------------------------------------------- Ex.F.A.No.111 OF 2009 ------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. This matter is filed by the State of Kerala agitating an issue as to whether any excess payment has been made in the course of execution of a decree/award in a land acquisition case. Questions relating to execution, discharge and satisfaction of a decree/award are matters falling under Section 47 of the CPC and satisfaction of a decree is not a matter on which an appeal is provided in terms of Section 104 or Order XLIII of CPC. Even if we were to take it that the order falls under Section 47 of the CPC, it does not become an appealable one. May be that the State may have its remedy elsewhere, even before this Court in terms of Section 115 CPC or under Article 227 of the Constitution of India, as the case may be. However, we are clear in our mind that no appeal lies against the impugned order. In ExFA.111/09 2 the result, without precluding the right to seek other remedies available against the impugned order, this appeal is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- P.BHAVADASAN, Judge. kkb.21/10.