Held that a decree holder has the right to decide against whom a money decree for execution can be enforced. The present original petition is dismissed as not maintainable.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 21ST DAY OF JANUARY 2016/1ST MAGHA, 1937
OP(C).No. 123 of 2016 (O)
EP NO. 203/2013 IN OS 849/2008 OF SUB COURT, KOLLAM
PETITIONER :
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GILBERT PIOUS, AGED 38 YEARS, SUKRITHAM, LEKSHMI NADA, KOLLAM.
BY ADV. SRI.SYAM J SAM
RESPONDENTS :
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1. THE CHIEF MANAGER, STATE BANK OF TRAVANCORE ANANDAWALLEESWARAM BRANCH, KOLLAM - 691001
2. LAKSHMI R.,MANINADHAM, VAIDYASALANAGAR, ASHRAMOM,KOLLAM - 691001
3. RADHAKRISHNAN K.,ODATHIL, PARAMBU, THANKASERY, KOLLAM - 691001
BY SRI.K.NARAYANAN (PARUR)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(C).No. 123 of 2016 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A.TO JUDGE
bp
K.ABRAHAM MATHEW, J.
=======================
O.P.(C) No.123 of 2016
============================ Dated this the 21st day of January, 2016
JUDGMENT
Petitioner is the third judgment debtor in O.S No.849 of 2008 of Sub Court, Kollam. The respondent/decree holder has filed E.P No.203 of 2013 to execute the decree which is for realization of money. It is the case of the petitioner that he has already paid certain amount towards the decree debt and the third respondent is still proceeding against him instead of proceeding against the other judgment debtors. The decree holder has the right to decide against whom the decree can be executed. This Court cannot dictate to him to proceed against or not to proceed against a particular person. So the original petition is not maintainable.
In the result, this original petition is dismissed.
Sd/K.ABRAHAM MATHEW , JUDGE
vdv/21/01/16
1 issue framed by the court
Whether the High Court can direct the decree holder to proceed against one particular judgment debtor instead of another.
GILBERT PIOUS
THE CHIEF MANAGER, STATE BANK OF TRAVANCORE ANANDAWALLEESWARAM BRANCH, KOLLAM - 691001
LAKSHMI R.
RADHAKRISHNAN K.
K.ABRAHAM MATHEW
As recorded by the court registry
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