Partly allowed

P.Alavikutty v. Abdul Khader Haji

Kerala HC13 Sept 2012CRP/127/2011

Case brief

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What is this about?

The Kerala High Court dismissed a civil revision petition challenging an order of civil arrest. The Court affirmed the lower court's finding that the judgment debtor has sufficient means but permitted him to repay the decree in twelve monthly instalments unless he defaults, in which case arrest would proceed.

What did the court decide?

Arrest and detention of the judgment debtor were stayed on condition of repaying the decree debt in twelve equal monthly instalments starting 1-11-2012.

P.Alavikutty Vs Abdul Khader Haji — Execution and Attachment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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THURSDAY, THE 13TH DAY OF SEPTEMBER 2012/22ND BHADRA 1934

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CRP.No. 127 of 2011 (C)

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OS.64/2007 of SUB COURT, TIRUR

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PETITIONER/RESPONDENT:

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P.ALAVIKUTTY, S/O.MOLI, PARAMBATH VEEDU, PATHAMPADU PO, NIRAMARUTHUR, TIRUR.

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BY ADV. SRI.C.DILIP

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RESPONDENT(S)/PETITIONER:

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ABDUL KHADER HAJI, SAIDALIKUTTY, KALLIKKAL VEEDU, CHERIYAMUNDAM AMSOM THALAKKADATHUR DESOM, TIRUR TALUK, PIN 676 111.

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BY ADV. SRI.K.T.SHYAMKUMAR BY ADV. SRI.HARISH R. MENON

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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DCS

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V.CHITAMBARESH,J.

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= = = = = = = = = = =

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C.R.P No.127 of 2011

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= = = = = = = = = = = == = = = = Dated this the 13^th day of September, 2012

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O R D E R

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A plea of no means raised by the judgment debtor in execution of a money decree has been turned down by the court below by the order impugned . The court below has noticed that the judgment debtor is the licencee of a shop room (No.AF 29) in a complex belonging to Tirur Municipality and is engaged in the wholesale business of fish. The court below has also taken note of the fact that the judgment debtor is possessed of 15 cents of land in R.S.No.134/2 with a terrace building thereon which of course has been constructed by taking loan from Syndicate Bank. It is in evidence that the judgment debtor has been regularly making remittances to the bank in discharge of the home loan and that his sons are also actively helping him in the business. The very fact that the judgment debtor pays a licence fee of Rs.1106/- per month indicates the volume of the wholesale business in fish being conducted by the judgment debtor in the municipal complex.

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C.R.P No.127 of 2011

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The finding of the court below that the judgment debtor is possessed of sufficient means and that he is wilfully disowning the obligation under the decree cannot be faulted with. The order of the court below directing the judgment debtor to be arrested and detained in civil prison calls for no interference under Article 227 of the Constitution of India. I however permit the judgment debtor to repay the decree debt in twelve equal monthly instalments starting from 1-11-2012. The judgment debtor shall not be arrested and detained in civil prison if the conditions are complied with in time. The petitioner will lose the benefit of instalment facility if anyone default is committed. The decree holder will then be entitled to surge ahead with the execution proceedings and seek the arrest and detention of the judgment debtor in civil prison

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The order of the court below is affirmed subject to the above reservation. The original petition is disposed of.

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V.CHITAMBARESH. JUDGE

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smm

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C.R.P No.127 of 2011 3

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C.R.P No.127 of 2011 4

P.Alavikutty v. Abdul Khader Haji

Case brief

What is this about?

What did the court decide?

P.Alavikutty v. Abdul Khader Haji

Case brief

What is this about?

What did the court decide?

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