High Court Kerala High Court

A.M.Krishnankutty vs Sumangalam Kuries And Loans Pvt. … on 15 September, 2008

Kerala High Court
A.M.Krishnankutty vs Sumangalam Kuries And Loans Pvt. … on 15 September, 2008
       

  

  

 
 
  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.
               * * * * * * * * * * * * * * * * * *
                 W.P. (C) NO. 19208 of 2006
               * * * * * * * * * * * * * * * * * *
                      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.