IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 441 of 2010()
1. V.K.MOHAMMED
... Petitioner
Vs
1. T.K.HUMYOON
... Respondent
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :18/08/2010
O R D E R
THOMAS P.JOSEPH, J.
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C.R.P. No.441 of 2010
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Dated this the 18th day of August, 2010
O R D E R
Judgment debtor in E.P.No.165 of 2007 in O.S. No.283 of
1995 of the court of learned Principal Sub Judge, Thalassery is the
petitioner before me challenging order dated 06.08.2010 finding
means for petitioner and issuing warrant for his arrest for non-
payment of decree amount. Learned counsel contends that there
is no acceptable evidence regarding means of petitioner and that
on two prior occasions execution petition was dismissed on
account of failure of respondent to prove means of petitioner.
2. Petitioner has suffered a decree for payment of money
to the respondent. The latter sought personal execution and his
Power of Attorney has given evidence as P.W.1. Exhibit A1 is an
information obtained from the office of District Lottery Officer,
Kozhikode pursuant to a query under the Right to Information Act
as to the business of petitioner. Exhibit C1 is the report of
Advocate Commissioner. Petitioner gave evidence as R.W.1 and
proved Ext.B1 series. Exhibit B1 series are produced to show that
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building where petitioner is allegedly doing business is demised in
favour of his son.
3. It is seen from Ext.A1 that petitioner is engaged in
wholesale lottery business at various places in Kannur town. It is
also revealed that for the period from 12.11.2007 to 12.11.2008
he deposited Rs.60 lakhs and for the period from 21.06.2008 to
20.06.2009, Rs.40 lakhs as security with the District Lottery
Officer. It is also revealed that he purchased lottery tickets in
August, 2008 for Rs.5,95,019 and got Rs.2,56,086/- by way of
commission. Advocate Commissioner has reported about the
places where petitioner is conducting wholesale lottery business
in Kannur town. Petitioner when examined as R.W.1 stated that he
was conducting VeeKay Lottery Agencies at Kannur and that he
was its wholesale agent. He also admitted that he had three
lottery stalls in Kannur town. In the light of that evidence court
below found that petitioner has sufficient means to discharge the
decree debt. It is not disputed that amount due under the
decree has not been paid. Hence the finding entered by the court
below that petitioner is having sufficient means requires no
interference.
4. Learned counsel at this stage made a fervent plea
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that petitioner may be permitted to pay the amount due under
the decree in installments. But I am not inclined to accept that
request since evidence of petitioner shows that he is sufficiently
affluent to discharge the decree debt. Having regard to facts and
circumstances of the case and to enable petitioner discharge
liability, one month’s time can be given to him. I am also inclined
to direct that warrant of arrest shall be kept in abeyance for the
said period.
Resultantly, this Writ Petition is dismissed. But petitioner is
granted one month’s time from this day to discharge the decree
debt. Warrant of arrest issued against petitioner shall remain in
abeyance for the said period. In case the entire liability is not
discharged within the above said period it is open to the execution
court to proceed with execution without any further enquiry as to
the means of petitioner.
THOMAS P. JOSEPH, JUDGE.
vsv