PRASHANT NAVANDAR Vs. VIJAY KUMAR JOSHI

JUDGEMENT

(1.) This revision is directed against the order dated 25.10.2016 in E.A.No.599 of 2016 in E.P.No.287 of 2015 passed by the I Senior Civil Judge, City Civil Court, Hyderabad, whereunder the application filed under Section 151 of the Code of Civil Procedure by the respondent/judgment debtor to direct the petitioner/decree holder to redeposit the excess amount of Rs.59,300/- received by him in the execution petition along with interest at 12% p.a. from the date of deposit on 23.12.2015 has been allowed.

(2.) A money suit in O.S.No.278 of 2013 was decreed by the judgment dated 22.07.2015. As against recovery claim of Rs.1,94,200/- along with interest, the suit was partly decreed for an amount of Rs.1,10,000/- with a pre-suit interest at 12% p.a. (Rs.39,600/-). The total being Rs.1,49,600/- along with future interest at the same rate from the date of suit till realization on the principal sum of Rs.1,10,000/-. However, in the decree it was shown that the suit was partly decreed for a sum of Rs.1,10,000/- along with 12% interest per annum from the date of suit till realization for principal sum of Rs.1,10,000/-, costs of Rs.9,628/- was also awarded. On the face of it, the decree was not correctly prepared and was not in accordance with the judgment.

(3.) The Court below, while answering issue No.3, in the suit judgment, granted a sum of Rs.1,10,000/-, being principal and Rs.39,600/- being interest at 12% p.a. from the date of Ex.A1 (money receipt) till date of suit. The interest component of Rs.39,600/- from the date of Ex.A1 till suit was not incorporated in the decree.