Remanded

V.C.Thomas v. M.J.Devasia

Kerala HC7 Nov 2012CRP/226/2012

Case brief

AI extract

What is this about?

In this civil revision petition, the High Court of Kerala set aside an order dismissing an execution petition. The Court allowed the decree holder to adduce further evidence to prove the judgment debtor's means after finding that the debtor had undisclosed assets and income.

What did the court decide?

The impugned order dismissing the execution petition is set aside, and the execution petitioner is granted an opportunity to adduce more evidence.

V.C.Thomas Vs M.J.Devasia — 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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WEDNESDAY, THE 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934

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CRP.No. 226 of 2012 ()

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E.P.NO.22/2010 IN OS.628/2006 of ADDL.MUNSIFF COURT,CHERTHALA

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REVISION PETITIONER(S):

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V.C.THOMAS,S/O.CHACKO, VATHIKULATHIL, CHERTHALA NORTH MURI OF CHERTHALA NORTH VILLAGE, CHERTHALA P.O., PIN-688 524.

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BY ADVS.SRI.T.JAYAKRISHNAN SRI.NIDHI BALACHANDRAN

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RESPONDENT(S):

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M.J.DEVASIA, S/O.JOHN, MANALEL(CHERUPUSHPAM) WARD NO.24, CHERTHALA MUNICIPALITY, CHERTHALA P.O., PIN-688 524.

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BY ADV. SRI.ROY CHACKO

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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V.CHITAMBARESH,J.

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= = = = = = = = = = =

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C.R.P No.226 of 2012

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= = = = = = = = = = = == = = = = Dated this the 7^th day of November, 2012

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O R D E R

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The plea of no means raised by the respondent/judgment debtor has been upheld by the execution court and the execution petition dismissed. The petitioner/decree holder contended that the respondent is possessed of sufficient means to pay the decree debt . It was specifically pointed out that 5 acres of rubber estate belonging to the respondent was sold away. It was stated that a substantial amount received as sale consideration is still with the respondent.

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The petitioner also stated that the respondent maintains an account with the Co-operative Bank, Cherthala. The respondent in addition earns income by doing liason work in recruiting man power. The petitioner seeks an opportunity to adduce more evidence to establish the means of the respondent. I am inclined to accede to this request.

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The impugned order is set aside and E.P No.22/2010 in O.S No.628/2006 on the file of the Court of the Additional

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C.R.P No.226 of 2012 2

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Munsiff of Cherthala is remanded. The execution court shall afford opportunity to either parties to substantiate their respective contentions.

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The Civil Revision Petition is disposed of.

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V.CHITAMBARESH. JUDGE

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smm

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C.R.P No.226 of 2012 3

V.C.Thomas v. M.J.Devasia

Case brief

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V.C.Thomas v. M.J.Devasia

Case brief

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