IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 OP(C).No. 1155 of 2010(O) ------------------------- AGAINST THE ORDER DATED 06/09/2010 IN EP 225/2007 IN LAR.85/1986 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER/DECREE HOLDER -------------------------------------------- PHILIP MATHAI, ALUMOOTTIL KIZHAKATHIL, VADAKKEMURI, PORUVAZHY NOW RESIDING AT 12-C, STAR PARADISE, CHERUPARAMBATHU ROAD, KADAVANTHARA, ERNAKULAM. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.SUNANDA SUKUMARAN SMT.N.ASWATHY RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, KOLLAM. BY GOVT. PLEADER SHRI B.JAYASURYA THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1155 of 2010 -------------------------------------- Dated this the 14th day of December, 2010. JUDGMENT Government Pleader takes notice for respondent. 2. This petition is in challenge of Ext.P3, order dated September 6, 2010 on E.P.No.225 of 2007 in L.A.R.No.85 of 1986 of the court of learned Principal Sub Judge, Kollam. Grievance of petitioner is that without going into the merits of various claims the executing court has closed execution petition as if decree is satisfied. That order is under challenge. Learned counsel states that by mistake, in the statement filed on behalf of petitioner deposit of `.64,502/- on 13.11.2007 was omitted to be mentioned. Learned counsel has requested an opportunity to file proper statement taking into account the deposit on 13.11.2007. 3. I have heard learned Government Pleader also. 4. In the light of the submission made by learned counsel I am inclined to interfere with Ext.P3. OP(C) No.1155/2010 2 Resultantly this petition is allowed. Ext.P3, order is set aside and the matter is remitted to the executing court for fresh decision after giving opportunity to both sides to file statement regarding amount if any due if so advised. Parties shall appear in the executing court on 05.01.2011. THOMAS P.JOSEPH, Judge. cks