SHAJI Vs. DINESAN

JUDGEMENT

(1.) The Civil Revision Petition is filed challenging the order dated 3:4.96 in cheque Application in LAR 6 of 1985 on the file of the Subordinate Judges Court, Cherthala. The revision petitioner is the decree holder in O . S . 131/91 on the file of the Sub Court, Cherthala. That decree is dated 13.12.93. That decree was obtained against the first respondent for recovery of money due from him. The first respondent had some property which was acquired by the Government under the provisions of the Kerala Land Acquisition Act A reference was made under the Land Acquisition Act as LAR 6/85 and an award was passed for enhancement of compensation on 31.1.1987. The petitioner attached the decree passed by the Sub Court, Cherthala in LAR 6/85. This was on 9.5 .91 . When the first respondent took out execution of the decree obtained by him against the State, the revision petitioner also moved for execution. The amount was deposited by the Government. The revision petitioner sought execution of the decree by payment to him of the amount due from the second respondent by filing E.P. 8/95. That E.P. was disposed of on 30.1.96 in the following terms.

(2.) The learned counsel for the third respondent admitted that no execution petition has been filed by the third respondent.

(3.) . After hearing the counsel for the petitioner and the counsel for the respondents, am of the view that the CRP has to be allowed and the impugned order set aside.