IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19121 of 2009(O)
1. P.A.GEORGE, AGED 69,
... Petitioner
Vs
1. POORAM KURIES AND LONAS (P) LTD.,
... Respondent
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent :SRI.JIJO PAUL
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :10/08/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.19121 of 2009 - O
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Dated this the 10th day of August, 2009
J U D G M E N T
Petitioner is the first judgment debtor in E.P.No.1610 of
2004 in O.S.No.3473 of 2003 on the file of the II Additional
Munsiff Court, Thrissur. Decree executed was one passed for
money. Resisting execution, the first judgment debtor contended
that he has no means. After enquiry his plea was negatived vide
P4 order. Impeaching the propriety and correctness of that order
this writ petition has been filed invoking the supervisory
jurisdiction vested with this Court under Article 227 of the
Constitution of India.
2. I heard the counsel on both sides.
3. While admitting the petition and granting interim stay
of operation of P4 order, petitioner was directed to pay a sum of
Rs.15,000/- towards part of the decree debt due. That has not
been complied with. Perusing P4 order I find that in the enquiry
by the court against the first judgment debtor, it was found that
he is in possession and enjoyment of 15= cents of property. His
W.P.(C).No.19121 of 2009 – O
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plea of no means was found to be meritless by the court below. I
find no reason to take a different view.
Writ petition is dismissed.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-