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THOMMAN KORA, AGED 60 versus STATE OF KERALA, REPRESENTED BY

High Court of Kerala

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THOMMAN KORA, AGED 60 v. STATE OF KERALA, REPRESENTED BY - CRP No. 1137 of 2004 [2007] RD-KL 16149 (20 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1137 of 2004()

1. THOMMAN KORA, AGED 60,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY
... Respondent

For Petitioner :SMT.SANTHAMMA ISSAC

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.T.SANKARAN

Dated :20/08/2007

O R D E R

K.T. SANKARAN, J.

................................................................................... C.R.P. No. 1137 OF 2004 ...................................................................................

Dated this the 20th August, 2007

O R D E R

The decree holder challenges the order passed by the executing court in E.P.No.227 of 2003 in L.A.R.No. 6 of 1990 of Sub Court, Muvattupuzha.

2. The decree holder claimed Rs. 70,828.29/-. The respondent- judgment debtor filed objections and contended that no amount is due to the decree holder . Both the parties filed calculation statements. The court below held that the calculation statement filed by the decree holder is not in accordance with law in view of the Supreme Court decision in Prem Nath Kapur vs. National Fertilizers Corpn. of India Ltd. ( [1996] 2 S.C.C. 71. The decree holder was directed to file a fresh calculation statement.

3. Learned counsel for the petitioner submits that in view of the decision of the Supreme Court in Sundar vs. Union of India ( AIR 2001 SC 3516), the decree holder is entitled to get interest on solatium as well. Learned counsel also relied on the decision in Gurpreet Singh vs. Union of India ([ 2006] 8 S.C.C 457).

4. The court below has directed the decree holder to file a fresh calculation statement. Based on the binding decision of the Supreme Court in C.R.P. No. 1137 OF 2004 2 Sundar vs. Union of India ( AIR 2001 SC 3516 ) and Gurpreet Singh vs. Union of India ( [2006] 8 S.C.C 457), the revision petitioner would be entitled to include all permissible claims in the calculation statement. Both the parties will file calculation statements and the executing court shall consider the same and dispose of the execution petition in accordance with law. The Civil Revision Petition is disposed of as above. K.T. SANKARAN,

JUDGE.

lk


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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