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2011 Supreme(Online)(KER) 38916

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
STATE OF KERALA – Appellant
Versus
A SAINULABDEEN – Respondent


JUDGMENT

This Original Petition is in challenge of Ext.P6, order passed by learned Additional District Judge-II, Mavelikkara on June 15, 2011 fixing the balance amount payable by the petitioners and directing petitioners to deposit such amount within 30 days from the date of order with interest.

2. Learned Government Pleader submitted that in the statement filed by petitioners it was pointed out that the sum of `2,67,964/- was deposited in the executing court on 18.02.1998 and hence liability of petitioners to pay interest ceased on deposit of the said amount. Learned Government Pleader submits that the deposit was made pursuant to Ext.P2, order dated January 28, 1998.

3. Ext.P2, order shows that this Court while entertaining A.S.No.40 of

1997 from the judgment and decree in O.S.No.39 of 1989 of the court of learned Additional District Judge-II, Mavelikkara (which is being executed) directed as a condition for stay as prayed for in C.M.P.No.637 of 1998 that petitioners shall furnish security within a period of six weeks from the date of Ext.P2, order. In otherwords, it was pursuant to the said order that the amount above mentioned was deposited by petitioner in the executing court. Tha

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