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1955 Supreme(Ker) 107

KOSHI, JOSEPH VITHAYATHIL
Varkey Ouseph – Appellant
Versus
Narayanan Parameswara Panicker – Respondent


Judgment :-

1. This appeal arises out of the proceedings to execute the decree in O.S. 92 of 1115, on the file of the Alleppey District Court. The said decree is one for payment of money and it awarded interest on the decretal amount until payment. On 20.3.1122 the present appellant (Judgment-debtor No. (2)) deposited in court an amount of Rs. 1,500/- for payment to the decree-holder towards the amounts due under the decree. The court while directing credit to be given for the amount, ordered noticed to be given to the decree-holder about the deposit. No notice was however issued as the judgment-debtor did not pay the process fees. The appellant thereafter made three further payments into court on different dates, but the petitions filed in that behalf contained no reference to the deposit made on 20.3.1122. On 17.12.1129 (2.8.1954) the decree-holder filed an execution application claiming the amounts which according to him were still due. As the decree-holder was not aware of the deposit made on 20.3.1122 the balance claimed by him was without taking into account the amount of the said deposit. When the appellant got notice of the execution application, he filed his objections, co
























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