RAJEEV K Vs. KERALA STATE

JUDGEMENT

(1.) LEARNED Government Pleader takes notice for respondent.

(2.) THIS revision is in challenge of order dated 28-10-2010 in E.P.No.273 of 2004 in LAR No.2 of 1995 of the court of learned Prl. Sub Judge, Kollam. There was dispute between the parties as to the balance amount if any due to the petitioner/decree holder. Learned Sub Judge vide the impugned order observed that statement filed by the respondent shows that entire amount as per the decree was deposited, decree is satisfied and accordingly closed the E.P as satisfied. That order is under challenge. The learned counsel contends that as per direction of the court certain amounts were deposited by the respondents on various dates. But, the entire principal amount and interest had not been deposited. While depositing the amount subsequently, respondent has adjusted the said amounts towards principal which could not be done. It is also submitted by learned counsel that there is dispute as to the amount deducted towards tax at source. According to the learned Government Pleader, statement filed by the respondent is true and correct and hence the order does not require interference.