IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29605 of 2008(Y)
1. RAMAKRISHNAN, S/O.VELAYUDHAN,
... Petitioner
Vs
1. MANIKKAN, S/O.APPUKUTTI, MUTHUKKAD,
... Respondent
For Petitioner :SRI.BINOY VASUDEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :16/10/2008
O R D E R
V. RAMKUMAR, J.
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W.P.(C) NO. 29605 of 2008
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Dated: 16th October 2008
JUDGMENT
Petitioner who is the judgment debtor in a money suit
filed as O.S. No. 441 of 1999 on the file of the Sub court,
Palakkad, challenges Ext.P6 order issuing arrest warrant
against him in E.P. 104 of 2002.
2. In the light of the earlier orders passed by the
executing court as well as by this Court, I am not inclined to
accept the petitioner’s contention that the arrest warrant
could not have been issued without finding that the
petitioner had the means to pay the decree debt and had
wilfully refused to pay the same. The petitioner has so far
paid only a sum of Rs. 50,000/- pursuant to Ext.P5
judgment by this Court. The petitioner is, however, given
an opportunity to clear off the decree debt on the following
terms:-
In case the petitioner deposits before the
W.P. (C0 No. 29605 of 2008 -:2:-
court below a further amount of Rs. 50,000/- within
one month from today, that court shall consider the
question of giving the benefit of installment to the
petitioner for the balance amount after hearing the
petitioner as well as the decree holder.
2. The warrant of arrest issued against the
petitioner shall be kept in abeyance for a period of one
month from today and it shall be subject to further orders
which the executing court may pass after hearing both
sides.
This Writ Petition is disposed of as above.
Dated this the 16th day of October 2008.
Sd/- V. RAMKUMAR,
(JUDGE)
ani. /true copy/