Baaji Govindan vs Kerala State Housing Board on 3 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1476 of 2001()



1. BAAJI GOVINDAN
                      ...  Petitioner

                        Vs

1. KERALA STATE HOUSING BOARD
                       ...       Respondent

                For Petitioner  :SRI.R.ANILKUMAR

                For Respondent  :SRI.T.R.HARIKUMAR, SC, KSHB

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

 Dated :03/01/2007

 O R D E R
                               K.T.SANKARAN, J.
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                           C.R.P. NO. 1476 OF 2001
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                      Dated this the 3rd January, 2008

                                     O R D E R

The petitioner challenges the order dated 8.12.2000 in E.P.No.36

of 1996 in O.P.(Arb.) No.170 of 1994, on the file of the Principal Sub

Court, Thiruvananthapuram. The order passed by the court below reads

thus:

“Entire balance decree debt deposited. F.S.
recorded. E.P closed. “

2. Against the earlier order passed by the executing court in

E.P.No.36 of 1996, the Kerala State Housing Board and others, the

judgment debtors, had filed C.R.P.No.2083 of 2000 and it was disposed

of by the order dated 4.10.2000 with certain directions. The case of the

petitioner is that the full amount due as per the decree and in terms of the

order in C.R.P.No.2083 of 2000 was not deposited by the judgment

debtors. According to the judgment debtors, full amount payable to the

petitioner was deposited. A calculation statement is filed by the revision

petitioner and as per that calculation statement, the balance amount due

to the petitioner is Rs.17,708/-. It is disputed by the judgment debtors.

3. Since the court below has not passed a speaking order, it may

C.R.P. NO.1476 OF 2001

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not be proper for the revisional court to embark upon an enquiry as to

what is the total amount due and whether the amount due as per the

terms of the decree have been paid. In these circumstances, I set aside

the order passed by the court below and direct the court below to pass a

speaking order. The contentions put forward by both the parties shall be

adverted to by the court below.

The Civil Revision Petition is allowed as indicated above. No order

as to costs.

(K.T.SANKARAN)
Judge

ahz/

K.T.SANKARAN, J.

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C.R.P.NO. 1476 OF 2001 F

O R D E R

3rd January, 2008

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