Decree holder is entitled to daim interest till date of realisation of decree

Citation 

2012 (1) MWN (Civil) 34 (Mad)

IN THE HIGH COURT OF MADRAS

R. Sudhakar, J. 

CR.P. (NPD) No.1428 of 2010.

November 28, 2011

.

J.Maheswari...Petitioner

...Vs...

Balaraman...Respondent

CODE OF CIVIL PROCEDURE, 1908 (5 of 1908), Order 34, Rule 11- CIVIIL RULES OF PRACTICE, Rules 163 & 165 Payment of interest Suit filed for recovery of money Suit decreed with interest at rate of 12% per annum from date of decree till date of realisation of decree Decree holder filed Execution Petition claiming interest upto date of Execution Petition - Judgment-debtor property was attached and same was sold by public auction - Decree holder claimed payment of interest at rate of 12% till date of payment of decreetal amount Trial Court dismissed Execution Application in unnumbered stage holding that decree holder is entitled to receive amount stated in Execution Petition alone Held, decree holder is entitled to claim interest till date of realisation of decree as provided under Order 34, Rule 11(b) of CPC Order of Trial Court declining to number execution application is not proper Execution Court directed to disburse interest among to decree holder till date of realisation of decree. [Para 8 & 9]