IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7324 of 2010(O)
1. THOMAS,THULUVANIKKEL HOUSE,
... Petitioner
Vs
1. K.C.PAUL, S/O.CHAKKUNNI,
... Respondent
For Petitioner :SRI.B.KRISHNA MANI
For Respondent :SRI.SOJAN JAMES
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :01/10/2010
O R D E R
THOMAS P JOSEPH, J.
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W.P(C).No.7324 of 2010
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Dated this 01sr day of October, 2010
JUDGMENT
This petition is in challenge of Ext.P9, order refusing to
issue warrant of arrest to the respondent/judgment debtor.
Petitioner has obtained a decree for payment of money in his
favour and sought personal execution against respondent in
E.P.No.61 of 2008 in O.S.No.108 of 1995 of the court of learned
Sub Judge, Pala. Petitioner gave evidence as PW1 as to the means
of respondent. He stated that respondent owns vehicles, multi
storied building and has business at New Delhi but he was not
able to produce documents in support of that. The executing
court was not inclined to act upon the uncorroborated version of
petitioner as PW1 and rejected prayer for personal execution. It
is contended in this writ petition that order of the executing court
is not sustainable. Learned counsel for respondent states that
there is no evidence to show that respondent has any means.
2. Petitioner has given evidence as PW1 and stated
about assets allegedly belonging to the respondent but he was
not able to produce any document. Executing court was not
impressed by the version of PW1 alone to find means of
W.P(C).No.7324 of 2010 : 2 :
petitioner. Having regard to the facts and circumstances I am
inclined to give petitioner opportunity to adduce further
evidence. I make it clear that respondent also will get opportunity
to adduce evidence if required.
Resultantly writ petition is allowed in the following lines:
Ext.P9, order is set aside and the matter is
remitted to the executing court for fresh
consideration of the request of petitioner for personal
execution against respondent. Both sides will get
opportunity to adduce evidence in respect of their
respective contentions. Parties shall appear in the
executing court on 30-10-2010.
(THOMAS P JOSEPH, JUDGE)
Sbna/-