RAM GOPAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) IN CR No.3630 of 2010 vide impugned order dated 6.5.2010 (Annexure P -9), the executing court held the decree -holder liable to refund excess amount of Rs.5,64,442.20 Ps. alongwith interest @ 15% per annum to the judgment -debtor while in CR No.3867 of 2010, the executing court vide order of the same date (Annexure P -6), held the decree -holder liable to refund excess amount of Rs.2,57,459.8 Ps. alongwith interest @ 15% per annum besides Rs.11,23,009/ - deposited by the judgment -debtor on 13.9.2010 by way of demand draft to the judgment -debtor. By invoking supervisory jurisdiction of this Court under Article 227 of the Constitution of India, the petitioners have sought quashing of aforesaid orders passed by Additional District Judge, Faridabad.

(2.) SINCE common questions of law are involved in both the petitions, the same are being decided by this common order in CR No.3630 of 2010. For convenience and clarity, facts have also been taken from CR No.3630 of 2010.

(3.) THE dispute involved in the execution petition was with regard to calculation of the amount payable to the decree -holders. According to latest calculations filed on 17.3.2010, the decree -holders have staked their claim that amount of Rs.56,25,244/ - is still payable to them whereas judgment -debtor filed calculations on 7.4.2010 according to which the decree -holders had already received excess amount of Rs.1,90,638/ - which they are liable to refund.