IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 396 of 2010()
1. SHAHUL HAMEED, S/O.PAINATTUPEDIKKAL
... Petitioner
Vs
1. AISWARYA GROUP OF FINANCERS REP.BY
... Respondent
2. CHAIRMAN, DHARMAPALAN, S/O.
3. TREASURER, THULASIDASAN, S/O.CHALLIYIL
For Petitioner :SRI.M.SHAJU PURUSHOTHAMAN
For Respondent :SRI.BABU KARUKAPADATH
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :19/10/2010
O R D E R
THOMAS P JOSEPH, J.
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C.R.P.No.396 of 2010
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Dated this 19th day of October, 2010
ORDER
Judgment debtor in E.P.No.361 of 2007 of the court of
learned Munsiff, Kodungallur is the petitioner before me
challenging order dated June 16, 2010 issuing warrant of arrest
to the petitioner. It is contended by learned counsel for
petitioner that the order is bad since there is no finding based on
the evidence let in by the parties that petitioner has means and in
spite of that, has refused or neglected to pay the decree amount.
Learned counsel for respondents contend that petitioner is a
timber merchant and has sufficient means.
2. It is not disputed that both sides have adduced
evidence regarding their respective contentions as to means of
petitioner. But the order under challenge does not reflect the
evidence let in by parties or any consideration given to such
evidence. The order only says that according to the petitioner he
is not in a position to do any work as he suffered injury on his
back bone, he has not filed any medical certificate and hence it is
held that he has means to pay the decree amount. As there is no
consideration of the evidence let in by the parties as regards
C.R.P.No.396 of 2010 : 2 :
means the order cannot be sustained and is liable to be set aside.
Resultantly this petition is allowed and the order dated
16-06-2010 in E.P.No.316 of 2009 in O.S.No.361 of 2007 of the
court of learned Munsiff, Kodungallur is set aside. The matter is
remitted to the executing court for consideration of the evidence
regarding means. I make it clear that it will be open to the
parties to adduce further evidence if any, in regard to their
respective contentions in the matter.
(THOMAS P JOSEPH, JUDGE)
Sbna/-