IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19208 of 2006(J)
1. A.M.KRISHNANKUTTY, S/O.MADHAVAN,
... Petitioner
2. C.P.GOVINDANKUTTY, S/O.KRISHNAN NAIR,
3. M.P.PADMANABHAN, S/O.PERACHAN,
Vs
1. SUMANGALAM KURIES AND LOANS PVT. LTD.,
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.SUNNY MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :15/09/2008
O R D E R
V. RAMKUMAR, J.
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W.P. (C) NO. 19208 of 2006
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Dated: 15-09-2008
JUDGMENT
The Writ Petitioners are the judgment debtors and
the respondents in E.P. 85 of 2005 in O.S. 432 of 2002
on the file of the Munsiff’s Court, Wadakkancherry. The
decree amount is Rs. 47,775/-. In the execution levied
by plaintiffs/ decree holders the petitioners herein
pleaded no means. They also contended that they
are ready to sell their properties to the decree holder.
As per Ext.P3 order dated 31-5-2006 the execution
court held that the petitioners have means to pay the
decree debt that they were deliberately avoiding
payment of the debt, and accordingly issued warrant
of arrest of the writ petitioners. It is the said order
which is assailed in this Writ Petition filed under Article
227 of the Constitution of India.
2. I do not find any good ground for interference
under the visitorial jurisdiction of this Court. The
finding that the petitioners have got sufficient means to
pay the decree debt is a pure finding of fact which
cannot be interfered with by this Court sitting in the
W.P. (C) NO. 19208 of 2006 -:2:-
rarified jurisdiction under Art. 227 of the Constitution
of India. The learned counsel for the petitioners
submitted that they have already deposited Rs.
10,000/- in pursuance of the interim order dated 21-7-
2006 passed by this Court. The petitioners are given
three months time to deposit the balance amount before
the execution court failing which the impugned order
for arrest of the petitioners shall revive. The said order
shall be kept in abeyance for three months so as to
enable the petitioners to deposit the balance amount
within the said period.
This Writ Petition is disposed of as above.
Sd/-V. RAMKUMAR,
(JUDGE)
/true copy/
ani.