IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1018 of 2007()
1. STATE OF KERALA
... Petitioner
Vs
1. SUMATHIKUTTIYAMMA, D/O. PADMAVATHIAMMA,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.K.JAYAKUMAR
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :08/03/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
-------------------------------
C.R.P.NO.1018 OF 2007 ()
-----------------------------------
Dated this the 8th day of March, 2010
O R D E R
State has filed this revision against the order passed by
the learned Principal Sub Judge, Kottayam in the execution
proceedings in L.A.R.No.112 of 1985 directing for deposit of
balance sum of Rs. 3,36,320/- to satisfy the decree debt. The
learned Govt.Pleader submitted that as per the statement filed
by the State, the amount due was calculated as Rs.5,926/- and
in the statement of the decree holder, the sum was shown as
Rs.6,58,773/-. The court below without examining and
ascertaining what is the amount due, has passed a single line
order directing the State to deposit the balance amount of
Rs.3,36,320/-. No reason is stated nor any statement made as
to how the sum has been arrived is the submission of the
learned Govt. Pleader. The learned counsel appearing for the
respondent decree holder also conceded that the
non-speaking order impugned in the revision cannot be
sustained. Setting aside the impugned order, the court below
CRP.1018/07 2
is directed to pass orders afresh after having a proper enquiry
on the statements filed by both sides. Having regard to the
fact that the decree passed was in respect of an acquisition
which had taken place nearly three decades ago, I direct the
learned Single Judge to give priority to the proceedings and
make every endeavour to complete it within a span of six
months from the date of receipt/production of a copy of this
order. Revision is accordingly disposed.
S.S.SATHEESACHANDRAN
JUDGE
prp