Deputy Collector (LA) and L. A. O. , Panaji v. Joaquim Francis Fernandes (since deceased) through his legal heirs
2017-02-14
C.V.BHADANG
body2017
DigiLaw.ai
JUDGMENT : Rule, made returnable forthwith. The learned Counsel for the respective parties waive service. Heard finally by consent of the parties. 2. The petitioners are challenging the order dated 20/04/2016, passed by the Executing Court in Execution Application No.17/2001 and 24/2011. A perusal of the order shows that the computation of the amount payable was obtained from the Nazir. In pursuance thereof, the petitioners/ Judgment Debtors are found to be liable to pay Rs.1,14,82,194/-as on 31/12/2014. 3. The only contention raised on behalf of the petitioners is that in the computation of the Nazir, (at page no.118 of the compilation), the amount of Rs.44,20,063/-deposited by the Acquiring Body on 04/08/2012 before the District Court, has not been taken into consideration. The learned Additional Government Advocate submits that this will also have a bearing on the amount of interest, to which the respondents are entitled. 4. In such circumstances, the parties submit that the matter can be sent back to the Executing Court for passing fresh orders. In such circumstances and by consent of the parties, the following order is passed : (i) Writ Petition is partly allowed. (ii) The impugned order is hereby set aside. (iii) The Executing Court shall obtain fresh computation from the Nazir and shall decide the application in accordance with law. (iv) The parties are entitled to produce their respective computation before the Executing Court. (v) The amount of Rs.57,42,000/-deposited before this Court shall be transferred to the Executing Court, along with interest, if any. (vi) Rule is partly made absolute in the aforesaid terms, with no order as to costs.