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2007 Supreme(Ker) 721

C.N.RAMACHANDRAN NAIR
Sunit M. V. – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

C.N. Ramachandran Nair, J.

1. In these connected cases, the common third respondent was defaulter for abkari dues to the tune of Rs.3,66,507/- for the year 1989-90. Revenue recovery notice is stated to be served on the third respondent on 02/06/1990. However, third respondent's one item of property was sold in Court auction pursuant to decree obtained by petitioner in WP (C) 17165 of 2007 in which the property was purchased by the plaintiff petitioner himself. Suit based on a dishonoured cheque was filed as OS No. 1079 of 1992 and it was decreed on 30/05/2000. It is seen from the decree produced that it is a compromise decree whereunder the third respondent undertook to pay the suit amount with 18% interest. In view of the decree and sale of property of the defaulter (third respondent) to petitioner in WP (C) 17165 of 2007, that property was not available before the recovery authorities for recovery of abkari dues. Therefore the property purchased by the petitioner in WP (C) 24955 of 2003 from third respondent was proceeded against. Under interim orders of this Court, petitioner in WP (C) 24955 of 2003 remitted the entire arrears and therefore no more arrears are due from th



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