IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 16 of 2008()
1. STATE OF KERALA
... Petitioner
Vs
1. ABDUL JABBAR.T., S/O.A.REHMAN,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.B.KRISHNA MANI
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :28/08/2008
O R D E R
M.Sasidharan Nambiar,J.
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C.R.P No.16/08 &650/08
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Dated this the 28th day of August, 2008
O R D E R
C.R.P No.16/2008 is filed by the State and
C.R.P.650/2008 by the claimant challenging the
order passed by the Sub Court, Kottayam in
E.P.143/1998 in L.A.R.No.27/1994. Learned counsel
appearing for claimant decree holder and the
learned Government pleader for the State,the
judgment debtor submitted that in C.R.P.912/2007
this court has considered a similar order passed by
Sub Court, Kottayam in E.P.203/1998 and
E.P.142/1998 and set aside the orders and remanded
the execution petitions for fresh consideration and
in such circumstance, the order passed in
E.P.143/1998 may also be set aside and remanded to
the executing court for fresh disposal in
accordance with law. In view of the submission and
in view of the order passed in C.R.P.912/2007, both
the revision petitions are allowed. The order
CRP Nos.16/08 & 650/08 2
passed by the Sub Court, Kottayam in E.P.143/1998
dated 30.10.2006 is set aside. E.P.143/1998 is
remanded to Sub Court for fresh disposal in
accordance with law. The executing court to
consider the correct balance amount due in the
light of the decision of the Apex Court in Sunder
v. Union Bank of India (2001(3) KLT 479) and
Gurpreet Singh v. Union of India (2006) 8 SCC 457).
M.Sasidharan Nambiar
Judge
tpl/-
M.SASIDHARAN NAMBIAR, J.
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CRL.R.P.NO. /08
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ORDER
MARCH,2008