EXECUTIVE ENGINEER Vs. ABDUL RASHID BUDOO AND ORS.

JUDGEMENT

(1.) Executive Engineer, Electric Maintenance Division IV, Srinagar has filed this revision petition against the order of learned Second Additional District Judge Srinagar dated 16.07.2008 passed in execution proceedings, whereby the amount deposited by the petitioner-judgment debtor has been adjusted towards the interest part of the decree and petitioner directed to pay the principal amount.

(2.) Brief facts of the case may be enumerated thus:-

(3.) Respondent no.1 filed a suit for recovery of Rs. 1,36,900/- from the present petitioner on the ground that defendants have disconnected the electric supply to his Band-Saw Mill without any reason thereby resulting in closure of the Mill and loss to the respondent no.1. The suit was not contested by the present petitioner and resultantly an ex-parte decree was passed by learned Second Additional District Judge Srinagar on 12.03.1997, decreeing the suit of the plaintiff-respondent no.1. The plaintiff was also allowed interest on the amount of Rs. 1,36,900/- at the rate of 12% P.A with effect from institution of the suit till the amount was paid to him. As per the decree, the judgment-debtors were required to pay an amount of Rs. 2,86,946.00, which included interest and costs of the suit also upto 30.06.1997.