IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 607 of 2009()
1. KODANATHU MUBASEER,AGED 30,
... Petitioner
Vs
1. THE SECRETARY,PARAPPANANGADI CO-OP;
... Respondent
2. NAMBANKUNNATH HAMZA,S/O.MOIDEENKUTTY
3. KODANATHU AYOOB,S/O.MUHAMMED,ULLANAM,
For Petitioner :SRI.K.K.MOHAMED RAVUF
For Respondent :SRI.K.P.SUDHEER
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :22/12/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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C.R.P.NOS.607 & 608 OF 2009 (C)
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Dated this the 22nd day of December, 2009
O R D E R
C.R.P.No.607 of 2009 is filed by the 1st respondent in
E.P.No.118 of 2006 in A.R.C.No.1753/04-05 of the Sub Court,
Tirur. C.R.P.No.608 of 2009 is filed by the 1st respondent in
E.P.No.128 of 2006 in A.R.C.No.1754/04-05 on the file of the
Sub Court, Tirur. After considering both the execution
petitions together, as regards the plea of no means canvassed
by the judgment debtors resisting the execution, the execution
court ordered for issuing warrant against them. Propriety and
correctness of that common order issued against them is
challenged by the respective petitioners in their revision
petitions.
2. At the time of admitting the revisions, both of them,
the respective revision petitioners were directed to deposit a
C.R.P.NOS.607 & 608 OF 2009
2
sum of Rs.30,000/- within the time limit fixed towards the
decree debt due. That order has not been complied with.
3. I heard the counsel for the revision petitioners.
Perusing the impugned common order passed by the learned
Sub Judge, I find no reason to interfere with the personal
execution ordered against the revision petitioners directing
the issue of warrant for their arrest and detention in civil
prison to realise the decree debt. The execution court has
found on the materials placed that the petitioners have
sufficient means, but, still they are wilfully avoiding the
discharge of decree debt. Warrant ordered against the
petitioners in such circumstances is proper and correct. Both
revisions lack merit, and hence, dismissed.
S.S.SATHEESACHANDRAN
JUDGE
prp
