High Court Kerala High Court

K.K.Vijayaraghavan vs Kadathilthazhe Juma Masjid … on 22 February, 2010

Kerala High Court
K.K.Vijayaraghavan vs Kadathilthazhe Juma Masjid … on 22 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 715 of 2006()


1. K.K.VIJAYARAGHAVAN, ADVOCATE,
                      ...  Petitioner

                        Vs



1. KADATHILTHAZHE JUMA MASJID COMMITTEE
                       ...       Respondent

2. TREASURER K.P.YOUSEF,

                For Petitioner  :SRI.CIBI THOMAS

                For Respondent  :SRI.R.SURENDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM

 Dated :22/02/2010

 O R D E R
         PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ.
                      ------------------------
                    C.R.P.No. 715 OF 2006
                      ------------------------

           Dated this the 22nd day of February, 2010


                            O R D E R

Pius C.Kuriakose, J.

Under challenge in this revision is an order of the Execution

Court directing arrest of the revision petitioner finding that in

spite of sufficient means to pay the decree debt or a substantial

portion of the same, he has willfully neglected to make the

payment.

2. On admitting this revision petition on 18/9/2006, this

court granted interim stay of execution which has been extended

from time to time. On 13/6/2007, this court suo motu

impleaded the Secretary of the Kerala Advocates Welfare Fund

Trustee Committee as additional third respondent in the CRP and

today we have heard the submissions of Sri.Cibi Thomas,

learned counsel for the petitioner, Sri.Vinod Singh Cheriyan,

learned counsel for the additional third respondent and also

Sri.R.Surendran, learned counsel for the decree holder.

CRP.No.716/2006 2

3. Even though Sri.Cibi Thomas addressed us elaborately

and strained very much, having gone through the impugned

order, we do not find any infirmity and much less any

jurisdictional infirmity about the findings entered by the learned

Wakf Tribunal. The revision petitioner is a senor advocate of

Thalassery Bar and his defence to the prayer in the E.P. for

personal execution was that currently he has only a very few

cases and he is getting only a paltry amount. But, then the

means of the revision petitioner to pay the decree debt in a lump

or a substantial portion of the decree debt was sought to be

proved by examining PW1. To the oral evidence adduced by

PW1- the President of the decree holder-Juma Masjid Committee

the revision petitioner did not adduce any counter evidence. In

other words, the revision petitioner did not have the courage to

offer himself for cross examination by the counsel for the decree

holder. According to us, this is a situation which would justify

drawal of adverse interference against the revision petitioner. As

rightly noticed by the Wakf Tribunal, the question as to what is

the monthly income derived by the revision petitioner is an

aspect capable of being proved by documents at the revision

CRP.No.716/2006 3

petitioner’s own disposal. Having not adduced any evidence,

the petitioner is not entitled to blame the court below for having

entered the findings presently entered in the impugned order.

4. Sri.Vinod Singh Cheriyan submitted that the revision

petitioner is yet to request the Kerala Bar Council for removal of

his name from the Roles of the Bar Council. This means that the

revision petitioner continues to be a practising lawyer. According

to the learned counsel, there is no guarantee that even when the

revision petitioner’s name is removed from the Roles of the Bar

council, he will be eligible for amounts from the Advocates

Welfare Fund since pendency of any disciplinary proceedings

against an advocate can be good reason for denying benefit

from the Trust Fund to him. Whatever that be, as we do not find

any infirmity about the impugned order, we confirm the same

and dismiss the CRP.

5. In view of th statement filed by the Advocate Welfare

Fund Trustee Committee before this court, we direct the

Secretary of the Kerala Advocate Welfare Fund Trustee

Committee not to release amounts, if any, which may be due to

the revision petitioner from the Advocate Welfare Funds without

CRP.No.716/2006 4

obtaining specific orders in that regard either from the Execution

Court or from this court.

PIUS C.KURIAKOSE,JUDGE

C.K.ABDUL REHIM , JUDGE
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