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2011 Supreme(Online)(KER) 26262

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
STATE OF KERALA REP BY DISTRICT COLLECTO – Appellant
Versus
K S RAJAN – Respondent


ORDER

This petition for review is filed by the learned Government Pleader on behalf of petitioner on the ground that there is an error apparent on the face of the record in the order dated May 31, 2010 in C.R.P.No.265 of 2009. Learned Government Pleader has invited my attention to paragraph 54 of the decision in Gurpreet Singh Vs. Union of India ((2006)8 SCC 457) and contended that execution petition was not alive in the case and hence respondents are not entitled to get protection of the said paragraph of the decision. It is also pointed out by learned Government Pleader that at any rate, interest payable is only from 19.09.2001 on which day the decision in Sunder Vs. Union of India (2001(7) SCC 211) was rendered but, executing court is calculating interest from the date of notification. On the above grounds, it is prayed that the order dated May 31, 2010 be reviewed.

2. Learned counsel for respondents contended that observation regarding closure of execution petition referred to in paragraph 54 of the decision in Gurpreet Singh Vs. Union of India (supra) is not merely for a closure for statistical purpose but, a closure as the decree is satisfied which did not happen in this case.

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