The State Of Kerala vs Kunji Amma Rajamma on 20 October, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Ex.FA.No. 111 of 2009()


1. THE STATE OF KERALA
                      ...  Petitioner

                        Vs



1. KUNJI AMMA RAJAMMA, MELE PUTHUVAL VEEDU
                       ...       Respondent

2. M.SAIKUMAR, KAVALAKALATHU MELE PUTHUVAL

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.V.SURESH

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :20/10/2010

 O R D E R
            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.