IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25695 of 2009(O)
1. T.P.RASHEED, MANITHUNGAL HOUSE,
... Petitioner
Vs
1. K.V.MICHAEL, KUZHIPPALLIL HOUSE,
... Respondent
For Petitioner :SRI.T.J.MICHAEL
For Respondent :SRI.UNNIKRISHNAN.V.ALAPATT
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :30/11/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).NO.25695 OF 2009 ()
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Dated this the 30th day of November, 2009
J U D G M E N T
Petitioner is the judgment debtor in E.P.No.62 of 2008 in
O.S.No.49 of 1998 on the file of the Munsiff Court,
Thoudpuzha. Respondent is the decree holder. Decree
executed was passed in a suit for money. Negativing the
objections canvassed by the petitioner/judgment debtor that
he has no means, warrant was ordered against him. Ext.P3 is
the copy of that order. Propriety and correctness of that order
is challenged in the writ petition invoking the supervisory
jurisdiction vested with this Court under Article 227 of the
Constitution of India.
2. I heard the counsel on both sides. The learned
counsel for the petitioner/judgment debtor sought indulgence
of this Court for an opportunity to lead evidence to
substantiate his case that he has no means. It is submitted
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that pursuant to the direction given by this Court, he has
remitted a sum of Rs.10,000/- towards the decree debt.
Perusing Ext.P3 order, it is seen that the decree holder alone
gave evidence in the proceedings and there was no evidence
by the judgment debtor. According to the learned counsel for
the petitioner, he was not provided with an opportunity to lead
evidence, which, however, is disputed by the learned counsel
for the respondent/decree holder. Having regard to the
submissions made and taking note of the facts and
circumstances presented, I find an opportunity can be
extended to the judgment debtor to lead evidence subject to
the condition of his depositing an amount of Rs.15,000/-
(Rupees fifteen thousand only) within a period of one month
towards the decree debt. The deposit, if any, made by the
judgment debtor pursuant to orders given by this Court, will
not be given any weight in considering the plea of no means
canvassed by him. In case, the deposit is made within the
time limit fixed, the court below shall provide an opportunity
to the petitioner to lead evidence to substantiate his plea of
means. Whatever deposit made by the judgment debtor shall
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be released to the decree holder. The execution court is
directed to dispose the proceedings as expeditiously as
possible. In case the deposit is not made within the time fixed,
the court below shall proceed with the execution of warrant.
Subject to the above directions, the writ petition is disposed.
S.S.SATHEESACHANDRAN
JUDGE
prp