Partly allowed

T.V. Kuriakose v. George, S/O.Ithapiri

Kerala HC24 Sept 2012CRP/386/2012

Case brief

AI extract

What is this about?

The Kerala High Court affirmed a revision petition but allowed the judgment debtor to repay the decree debt in three equal monthly instalments. This provision grants immunity from civil arrest provided the petitioner complies with the payment terms.

What did the court decide?

Permission to repay the decree debt in three equal monthly instalments starting from 1.11.2012, subject to immunity from civil arrest if conditions are met.

T.V. Kuriakose Vs George, S/O.Ithapiri — 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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MONDAY, THE 24TH DAY OF SEPTEMBER 2012/2ND ASWINA 1934

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CRP.No. 386 of 2012 ()

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EP.NO.140/2011 IN OS.135/2000 of MUNSIFF COURT, ALATHUR

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REVISION PETITIONER(S)/RESPONDENT/JUDGMENT DEBTOR:

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T.V. KURIAKOSE,, AGED 61 YEARS BUSINESS, S/O.VARKEY RESIDING AT THANNIKODE PANTHALAMPADAM VADAKKENCHERRY, ALATHUR TALUK, PALAKKAD DISTRICT.

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BY ADVS.SRI.P.N.KRISHNANKUTTY ACHAN(SR.)

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SRI.K.MOHANAKANNAN

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RESPONDENT(S)/PETITIONR/DECREE HOLDER :

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GEORGE, S/O.ITHAPIRI,, AGED 69 YEARS ORAVATHUKUDIYIL, MANNAM PARAMBU VADAKKENCHERRY ALATHUR TALUK PALAKKAD DISTRICT - 678 541.

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 24-09-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V.CHITAMBARESH, J.

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C.R.P.No. 386 of 2012

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Dated this the 24^th day of September, 2012

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O R D E R

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The court below has found that the judgment debtor has with the object or effect of obstructing or delaying the execution of the decree has dishonestly transferred his property. It is found that the judgment debtor has executed Ext.A2 Gift deed to his elder son and Ext.A1 Gift deed to his younger son during the pendency of the suit and thereafter. The right to proceed under Section 51(a)(ii) of the Code of Civil Procedure was specifically left open in E.P.No.84 of 2010 earlier filed by the decree holder.

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The total extent of the property covered by the two Gift deeds is two acres and a portion of the same is sufficient and more to satisfy the decree debt of Rs.80,000/-. The court below has in the order impugned observed as follows:-

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“The circumstances under which those transfers are made, the close relation between the donor

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C.R.P.No.386 of 2012

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and donees, the fact that one of the donee is still residing together with the donor and that another one is an advocate by profession, all read together leads to a conclusion that Exts.A1 and A2 transfers were made by the respondent/J.D. With intention of obstructing or delaying the decree passed in O.S.No.135 of 2000.”

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The finding of the court below is rested on evidence and calls for no interference under Section 115 of the Code of Civil Procedure.

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I however permit the judgment debtor/petitioner to repay the decree debt in three equal monthly instalments starting from 1.11.2012. The petitioner shall not be arrested and detained in civil prison if he complies with the conditions in time. The petitioner will lose the benefit of this instalment facility if any one instalment is defaulted. The respondentdecree holder is then at liberty to insist for 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 as above.

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V.CHITAMBARESH, Judge.

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nj.

T.V. Kuriakose v. George, S/O.Ithapiri

Case brief

What is this about?

What did the court decide?

T.V. Kuriakose v. George, S/O.Ithapiri

Case brief

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What the court decided

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