Remanded

Andippatt Purushothaman v. T.Dasan

Kerala HC18 Sept 2012CRP/376/2012

Case brief

AI extract

What is this about?

In a civil revision petition against an order of civil arrest in execution of a money decree, the High Court upheld the lower court's finding that the judgment debtor possessed means. The petitioner was granted conditional immunity from arrest if he repaid the debt in six monthly installments starting from November 1, 2012.

What did the court decide?

Petitioner shall not be arrested or detained in civil prison if he repays the decree debt in six equal monthly installments starting from 1-11-2012.

Andippatt Purushothaman Vs T.Dasan — 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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TUESDAY, THE 18TH DAY OF SEPTEMBER 2012/27TH BHADRA 1934

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CRP.No. 376 of 2012 ()

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---------------------EP.NO.11/2002 IN OS.539/1999 of PRL.M.C.,KOZHIKODE-II

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REVISION PETITIONER/RESPONDENT/JUDGMENT DEBTOR/DEFENDANT:

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ANDIPPATT PURUSHOTHAMAN, S/O.KORU, AGED 42 YEARS R/AT KADALUNDI AMSAM, DESAM, KOZHIKODE.

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BY ADV. SRI.T.B.SHAJIMON

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RESPONDENT(S)/REVISION PETITIONER/JUDGMENT HOLDER/PLAINTIFF:

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T.DASAN, S/O.LATE KORAPPAN, THAIKOOTTATHIL, KADALUNDI AMSAM DESAMKOZHIKODE - 673 001.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 18-092012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.CHITAMBARESH,J.

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= = = = = = = = = = =

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C.R.P . No.376 of 2012

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= = = = = = = = = = = == = = = = Dated this the 18^th day of September, 2012

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O R D E R

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The plea of no means raised by the petitioner/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 petitioner is working as a sweeper in the Cherootty Road branch of the Canara Bank and earning a substantial sum as salary. The court below has also taken note of the fact that the petitioner owns about 11 cents of land with a house therein covered by Ext.A1 sale deed capable of generating money. The petitioner has not chosen to tender any oral evidence to rebut the oral evidence tendered on behalf of the decree holder bank. The finding of the court below that the petitioner is possessed of means and is dishonestly disowning the obligation under the decree is well founded. The order of arrest and detention of the petitioner in civil prison in execution of the decree for money cannot therefore be faulted with.

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• C.R.P . No.376 of 2012 2

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I however permit the petitioner to repay the decree debt in six equal monthly instalments starting from 1-11-2012. The petitioner shall not be arrested and detained in civil prison if the petitioner complies with the condition as above. The petitioner will lose the benefit of this instalment facility if anyone condition is violated. The decree holder bank is then at liberty to insist for the arrest and detention of the petitioner in civil prison .

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The order of the court below is affirmed subject to the above reservation. 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.376 of 2012 3

Andippatt Purushothaman v. T.Dasan

Case brief

What is this about?

What did the court decide?

Andippatt Purushothaman v. T.Dasan

Case brief

What is this about?

What did the court decide?

What the court decided

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