Beyon Joseph v. Sreedhana Kuries
Case brief
What is this about?
Civil original petition challenging an order of the Sub Court, Thrissur directing arrest and detention of a judgment debtor under Order 21 Rule 37 CPC. The court allowed cross-examination opportunity and set aside the arrest order upon deposit of the sum. Adjusted monetary condition. Pending display of full decree debt.
What did the court decide?
Ext.P5 (Order of Personnel Execution) set aside subject to deposit of ₹25,000 within one month; otherwise original order confirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 23RD DAY OF SEPTEMBER 2015/1ST ASWINA, 1937
OP(C).No. 2083 of 2015 (O)
PETITIONER :
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BEYON JOSEPH, AGED 34 YEARS, S/O. ALIKKARAKUNNEL JOSEPH, VADDOOKKARA, KOORKANCHERY, THRISSUR.
BY ADV. SRI.K.A.SREEJITH
RESPONDENT :
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SREEDHANA KURIES, ERINJERY ANGADI, THRISSUR 1.
Issues for consideration
2 issues framed by the court
Whether Ext.P5 (Order of Personnel Execution) should be set aside when the judgment debtor was denied an opportunity to cross-examine the respondent's witness.
Whether the petition of no means was properly examined by the executing court.
Parties & counsel
- petitioner
Beyon Joseph
- respondent
Sreedhana Kuries
Coram
K.Abraham Mathew
Case details
As recorded by the court registry
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