STATE OF MP AND ANOTHER Vs. RATHORE ENTERPRISES

JUDGEMENT

(1.) This petition filed under Art 227 of the Constitution challenges the order dated 4.12.2010, whereby application of the petitioner/judgment-debtor preferred under Section 151 CPC, is rejected by the court below.

(2.) This is admitted between the parties that this Court in Civil Revision No. 1566/1997 passed the order dated 16.10.2006. This Court opined that the respondent is entitled to get Rs.1,02,618/- with 6% interest from the date of reference, i.e., 10.5.1993 till the date of actual payment. In addition, cost was also directed to be paid.

(3.) The judgment-debtor filed application by contending that as per the calculation mentioned in said application, the judgment-debtor is only required to pay Rs.25,059/-. This application is rejected by the court below on the ground that the executing court cannot travel beyond the judgment/decree. Smt. Pachauri, learned Deputy Government Advocate by placing reliance on various paragraphs of Annexure P/3 submits that the amount of Rs.1,02,618/- is wrongly determined. The calculation makes it clear that only Rs.25,059/- is required to be paid to the decree-holder.