MATHUNNI MATHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) DECREE holder and the petitioner in E. P. before the 1 st additional Sub Judge is the revision petitioner. The executing court rejected the application for realisation of the balance amount due. The revision is against this order.

(2.) PETITIONER obtained a decree dated 12. 3. 1985 before the Sub Court for an enhanced market value of the property acquired from him. The decree was confirmed in appeal, L. A. A. No. 237/85. Besides the High Court ordered that the petitioner is entitled to the statutory benefit conferred by the Land Acquisition (Amendment) Act, 1984. The matter was taken up before the Supreme Court. The civil Appeal was dismissed by the judgment dated 25. 4. 1995 (Mathunni Mathai v. H. O. C. Ltd. , 1995 (1) KLT 784 ).

(3.) LEARNED counsel appearing on behalf of the 2nd respondent-Company had filed objections before the executing court and reiterated the position that the amount already deposited is in excess of the actual amount due to the decree holder. LEARNED Government Pleader who appeared on behalf of the State supports the order of the executing court relying on the latter decision of the Supreme Court.