HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 2781 of 2006 Date: 03-03-2011 Between: Dr. B. Hemalatha and others ……. Petitioners and APSRTC, Hyderabad and others ……… Respondents HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 2781 of 2006 ORDER: The petitioners are the claimants who, by way of this Revision Petition under Section 115 of C.P.C., inter alia, seek to assail the correctness of the order, dated 24-11-2005 passed in the execution in E.P.No.37 of 2003 on the file of the XI Additional Chief Judge, City Civil Court, Fast Track Court, Hyderabad, which has been laid by them for recovery of the balance amount. The case of the petitioners is that consequent upon the decree of awarding compensation, the present execution is laid for recovery of the balance amount. In support of their claim, the petitioners have filed a calculation memo which shows that a sum of Rs.78,208-40 ps. is due to them. The same was contested by the respondents herein, who also filed a separate calculation memo, dated 01-12-2003 showing ‘Nil’ balance. However, without taking into consideration either of these two memos, the Court below went its own calculation and held that in fact the petitioners are liable for refund of Rs.90,409/-. Hence, the Revision Petition. Considering the submissions made on either side and also on perusal of the material on record, it is seen that the Court below, while making the calculation, has not taken into consideration both the memos filed by the parties, nor any reasons or explanation is given as to why either of those memos cannot be accepted. In view of the fact that the parties themselves have come forward with the calculations, the Court below has to necessarily look into the same and either accept or reject the same, on merits, rather than making its own calculation. In view of the same, the matter requires reconsideration and fresh disposal, on merits, in accordance with law. The Civil Revision Petition is, accordingly, allowed. The impugned order, dated 24-11-2005 in E.P.No.37 of 2003 is set aside. The matter is remitted back to the Court below for fresh disposal, on merits, after taking into account both the calculation memos filed by the parties. It is open for both the parties to prove their substantive rights by producing evidence, if necessary, during the course of enquiry. No order as to costs. _________________ B. PRAKASH RAO, J Date: 03-03-2011 Note: Issue C.C. in three days. YCR