High Court Kerala High Court

Achuthan vs K.Sundaram on 4 June, 2010

Kerala High Court
Achuthan vs K.Sundaram on 4 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29872 of 2009(O)


1. ACHUTHAN, S/O.LAKSHMANA MOOTHAN,
                      ...  Petitioner

                        Vs



1. K.SUNDARAM, S/O.KUNJAPPA,
                       ...       Respondent

2. RAJAN, S/O.CHITHAMBARA MOOTHAN,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :SRI.U.BALAGANGADHARAN

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :04/06/2010

 O R D E R
                   THOMAS P.JOSEPH, J.
            ====================================
                   W.P(C) No.29872 of 2009
            ====================================
             Dated this the 4th  day of June, 2010


                         J U D G M E N T

Petitioner is judgment debtor No.1 in E.P.No.95 of 2006 of

the court of learned Sub Judge, Palakkad. Petitioner has suffered

a decree for payment of Rs.48,765.50 with interest at the rate of

12% per annum from 23.01.1991 till realisation. Since amount due

under the decree was not paid respondent No.1 has launched

execution. As per Ext.P3, order executing court found that

petitioner in spite of having sufficient means has neglected and

refused to pay amount due under the decree. Accordingly arrest

of petitioner was ordered. That order is under challenge in this

Writ Petition. Learned counsel for petitioner contends that

W.P(C) No.29872 of 2009
-: 2 :-

petitioner has no sufficient means. Learned counsel requested

that if at all Ext.P3 is sustained, petitioner may be given six

months’ time to pay of the amount due under the decree.

2. Pursuant to the order of this Court on 27.10.2009

petitioner has deposited Rs.50,000/- (Rupees Fifty thousand only)

in the executing court which was withdrawn by respondent No.1.

There was an order by this Court on 08.12.2009 extending stay

on condition of petitioner depositing a further sum of Rs.50,000/-

(Rupees Fifty thousand only) within four weeks from that date. It

is admitted by both sides that the said order is not complied with.

3. So far as means of petitioner is concerned petitioner

did not adduce any evidence. On the other hand respondent gave

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-: 3 :-

evidence as P.W1 and produced Exts.A1 to A7. Exhibits A1 and A2

show that two stage carriages of petitioner were attached and

released to respondent No.2 on kaichit. It is on the evidence on

record that executing court has found that petitioner has sufficient

means. On going through the order under challenge and hearing

counsel on both sides I do not find reason to interfere with Ext.P3.

4. So far as request of petitioner for time for payment

of balance amount is concerned I have heard learned counsel for

respondent No.1 also. Having regard to the circumstances stated

by learned counsel for petitioner I am inclined to grant five

months’ time to the petitioner to pay balance amount due under

the decree to respondent No.1.

W.P(C) No.29872 of 2009
-: 4 :-

Resultantly, Writ Petition fails and it is dismissed. But

petitioner is permitted to pay the balance amount due under the

decree in five equal monthly installments commencing from

01.07.2010. In case of default in payment of any two installments

it will be open to respondent No.1 to proceed with execution

pursuant to Ext.P3, order without further enquiry regarding

means of petitioner. Warrant of arrest against petitioner shall be

kept in abeyance during the said period of five months or till

default is committed by petitioner whichever is earlier.

THOMAS P. JOSEPH, JUDGE.

vsv