GEORGE JOSEPH Vs. K.ANILAKUMARI

JUDGEMENT

(1.) QUESTION arising for a decision in these original petitions is as to the correctness of Ext.P5, order on E.A. No.125 of 2011 in E.P. No. 97 of 2010 in O.S No. 414 of 2009 of the Sub Court, Kottayam as to rateable distribution of e surplus amount which was in the custody of the Punjab National Bank (for short "the PNB") and brought to the Additional Sub Court, Kottayam.

(2.) PETITIONER in OP(C) No. 756 of 2012 sued the first respondent therein for a decree for refund of advance money paid to the first respondent pursuant to an agreement for sale. On the the first respondent remaining ex parte, the learned Sub Judge on 11.12.2009 has passed a judgment and decree in favour of petitioner in OP(C). 756 of 2012 whereby petitioner is permitted to realise Rs. 4,22,684.00 with 6% interest from the date of suit till date of realisation on the principal sum of Rs. 4 lakhs and cost of the suit from the first respondent and her assets including the suit property (which was the subject matter of agreement for sale).

(3.) PETITIONER in OP(C) No. 756 of 2012 filed E.P. No. 97of 2010 for execution of the decree in O.S. No. 414 of 2009 in the Sub Court, Kottayam on 27.01.2010 and on 03.10.2010 obtained attachment of the surplus amount which then remained with the PNB.