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2021 Supreme(Mad) 3116

R.SUBRAMANIAN
Kurumbathoor Primary Agricultural Co-operative Credit Society Ltd. – Appellant
Versus
Thiru Ramadoss – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. H.Lakshmi Shankar
For the Respondent: Mr. L.Shaji Chellan

ORDER :

1. These revisions are filed by the defendant in O.S.No.601 of 1994 on the file of the District Munsif Court, Kuzhithurai challenging an order made by the executing court in E.P.Nos.54 and 97 of 2010.

2. The suit was laid by the plaintiffs, who are the employees of the defendant bank for mandatory injunction directing the defendant bank to implement 12(3) Settlement deed dated 04.03.1994 entered into as per G.O. 2(d) No.68 dated 12.11.1993. The suit was decreed and the said decree was confirmed in Second Appeal by this Court. Thereafter, the first plaintiff in the suit namely, Ramadhas, filed E.P.No.54 of 2010. The second plaintiff Kumaraswamy and his legal heirs filed E.P.No.97 of 2010.

3. These execution proceedings were resisted by the defendant bank contending that after the decree, 12(3) Settlement was implemented. The amount payable to the plaintiffs was calculated and paid over as evidenced by the acquittance register, which have been marked as Exts. R2 to R5.

4. The learned Executing Judge however concluded that the calculation of the amount reflected in Exts.R2 to R5 appears to be wrong and made his own calculation relying on the 6th pay commission report and passed an

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