MAHALAKSHMI Vs. R THANGAVELU

JUDGEMENT

(1.) This revision has been filed against the order dated 22.04.2002 passed in E.P.No.243 of 2001 in O.S.No.635 of 1989 on the file of the II Additional Sub-Court, Coimbatore, whereby, the learned Judge directed the third respondent to pay a sum of Rs.3413.25 and costs of the Execution Petition by 05.06.2002.

(2.) The petitioner has filed Execution Petition, being E.P.No.243 of 2001, for realising the amount decreed in O.S.No.635 of 1989. In the Execution Petition, the petitioner claimed a sum of Rs.35,536.85 with subsequent interest from the third respondent and in default in payment of the amount by the third respondent, the petitioner sought attachment of the movable properties owned by the third respondent, mentioned in the schedule of property.

(3.) Resisting the Execution Petition, the third respondent, who is the contesting respondent, has filed the counter stating that the trial Court decreed the suit for a sum of Rs.1,70,000/- together with interest at the rate of 18% per annum on 15.07.1998 with costs. Aggrieved by the same, the third respondent preferred an appeal being A.S.No.202 of 1998 before the learned District Court, Coimbatore. According to the third respondent, pursuant to the order of the Appellate Court, the third respondent deposited a sum of Rs.2,66,889/- being the 50% of the decree amount on 10.11.1998. By the judgment dated 29.03.2000, the Appellate Court allowed the appeal in part, thereby modified the liability of the third respondent to Rs.1,50,000/- with interest at 18% per annum. According to the third respondent, apart from depositing a sum of Rs.2,66,889/-, on 10.07.2000, they have also paid a sum of Rs.2,23,703/-. Thus, totalling a sum of Rs.4,90,792/- was paid. Therefore, the interest claimed by the petitioner in column 8 of the Execution Petition cannot be sustained. It is stated that after deposit of Rs.2,66,889/-, the petitioner is entitled to a sum of Rs.65,000/- together with interest thereon. The third respondent has paid the same together with interest through cheque to the petitioner on 10.07.2000 i.e., Rs.2,33,703/- and as such there is no amount due to the petitioner. Hence, prayed for dismissal of the Execution Petition.