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2012 Supreme(Ker) 233

K.T.SANKARAN
A. J. George – Appellant
Versus
State Bank Of Travancore, Represented By Its Manager – Respondent


Advocates Appeared:
For the Petitioner:P.C. Chacko (Parathanam), Mrs. Asha Kuriakose, Mrs. K. Praseetha, Advocates.
For the Respondent:Santhosh Mathew, Sathish Ninan, Advocates.

Judgment :-

K.T. Sankaran, J.

1. The judgment debtor in O.S.NO.551 of 1987 on the file of the Court of the Principal Subordinate Judge, Kottayam is the revision petitioner. He challenges the order dated 7.4.2006 in E.A.No.163 of 2002 in E.P.No.249 of 1990, by which the prayer to refund a sum of Rs.78,431/- as alleged excess payment, was dismissed by the court below.

2. The suit was decreed on 17.8.1989 for realization of a sum of Rs.78,738.90 with interest at 16.5%. E.P.No.249 of 1990 was filed by the decree holder bank for realization of a sum of Rs.1,24,813.07. On 29.11.1999, the decree holder filed a statement showing the balance amount as Rs.78,431/-. On that basis, the judgment debtor paid that amount on 7.12.1999. On 14.12.1999, the Execution Petition was closed after recording full satisfaction of the decree. The case of the judgment debtor is that even after payment of Rs.78,431/-, the original title deeds were not returned by the decree holder bank.

3. On 20.1.2000, the decree holder filed E.A.No.45 of 2000 to review the order recording full satisfaction of the decree. In that application, the decree holder stated that interest was not calculated for the period from 12.9.1































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