{By Sr;;__§: 23.2.2008, 99.3329 IN Ex.N-0.1228/:20c«:2 cm:
f'YH f:3 915%)' 01:' mg 11 ADDLCITY CIVIL 55 SESSIONS JUDGE,
'BAz~:.G;:.1,13;;:i:'*.T
made the following :
ORDER
The petitionerlland 10361′ is beforfg ‘Cpfirt-I
the order passed m E:-LP. No. 1:2r_23V;::_.2oo2}..A
:2. Hearé Sri P. K1is:h;;appé:;Hié2iij;1eVTéi-ponllsél :23: the
pcfitioner and Sri K.K1ishna§_ C.§:L1£1’@C1 for the
respondent and V
3. {iv’aS- be«1″‘<§:i§:t4:"'V't1:Le Executing Court
seeking fof'.p{13r_menf $1-nh soiatium and additicmal
c9mpe:1sation i11 *:}§;e~ laid. down in SUNDER VS.
(;§1Rv…i20:31 SCW 3692}. The respondents
'ba(i.. €:~1ij'e(:§fetfi to the same by contending that the
' V' amdutxié fnesn paid and also this: pefitiomar is not
" *1'"3',31.'tit13€}.' in for interest in the manner in which it has
bérfi; Hone. The Executing Cc-urt while closing the execution
___";§»'etitiatn has witimut detail reasons to the claim made: has
i
'I
c '~.«.3rde'2= set in costs.
entitle the petitioner for the interest which has been claiined
by them.
5. Since these aspects Qf…..t};1e
izeconsideration by the Executing
decisions noticed above and as _ >
the nature of the judgment instant
cases and the nature t3i14t.t_ii>;e_ petitions, the
petitioner is entitled to impugned
in this petition in i_,r;-t.vii3,e isiistnineé i the same is set
aside. The H City Civil -Judge
Bangalore ciiitylte 011 file and
reconsiderthe .:in of the czbservatioztis Eadie
above :ieeisinxns~–ren’dered in the abcsve noteci cases.
eon.tenfje’n<s open.
6. the pefifion stands disposed of. No
7» Since the para’:-s are represtmted by their
respective learned caunsel, they shall appear befoitijfhe
Executing Court: can 5.3.2009 as the first date of A’
and thereafter the Executing Court shall b
pmceeding-3.