STATE OF KERALA Vs. R.SASIDHARAN PILLAI

JUDGEMENT

(1.) THE captioned application seeking condonation of delay of 425 days in filing the first appeal is by the State of Kerala, essentially challenging the impugned decree to the extent it imposed 6% interest on a particular amount, i.e., Rs.3,62,586/-. We had noted this even in the order dated 24.9.2012 on the C.M.application.

(2.) HEARD learned Government Pleader and learned senior counsel for the respondent. Learned Government Pleader, touching on the merits, pointed out that in paragraph 6 of the impugned judgment, the court below has stated as follows:

(3.) A close reading of the afore-quoted portion of the judgment of the court below clearly shows that the learned Judge applied mind and came to the categorical conclusion that from the date of A3 judgment rendered by this Court in writ jurisdiction on 8.11.1999, the plaintiff was entitled to interest on Rs.10,07,192/- at 6% till the date of the suit from which this appeal arises. The suit was instituted on 18.11.2005. Obviously therefore, the interest component calculated by the court below as Rs.3,62,586/- is the interest component that runs on Rs.10,07,102/- before suit, i.e., from the date of A3 judgment of this Court till the date of institution of the suit before the court below. Therefore, there is no illegality in that amount being merged in the otherwise payable amount and thereby treating the entire amount as the principal amount for award of interest, pendente lite, as well as post decree. Under such circumstances, we do not find any legal infirmity in the impugned judgment.