Dismissed

Bella Sathyanarayana v. P.S.Praveen Kumar

Kerala HC8 Jul 2016OP(C)/2762/2014

Case brief

AI extract

What is this about?

This order dismissed an Original Petition challenging an execution order that arrested a government servant. The High Court upheld the lower court's rejection of the petitioner's unsubstantiated claim of inability to pay, noting a lack of evidence regarding salary attachment.

What did the court decide?

Petitioner granted six months time to pay the decree amount in six monthly instalments. Execution Petition kept in abeyance pending compliance. Failure to pay will result in resumption of proceedings.

Bella Sathyanarayana Vs P.S.Praveen Kumar — Execution and Attachment | Kerala HC (2016)

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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 K.HARILAL

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FRIDAY, THE 8TH DAY OF JULY 2016/17TH ASHADHA, 1938

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OP(C).No. 2762 of 2014 (O)

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--------------------------EP. NO.72/2014 IN O.S. NO.187/2005 OF SUB COURT, KOCHI.

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PETITIONER(S):

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BELLA SATHYANARAYANA, S/O. CHANDRAYYA, AGED 37 YEARS, WORKING AS NURSING ASSISTANT, COCHIN PORT TRUST HOSPITAL, WILLINGTON ISLAND, RESIDING AT QRTRS. NO. E/1/360/ARNA AREA, WILLINGTON ISLAND, KOCHI-3, ERNAKULAM DISTRICT.

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BY ADVS.SRI.D.NARENDRANATH, SRI.M.HARISHARMA, SRI.R.PREMCHAND.

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RESPONDENT(S):

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P.S. PRAVEEN KUMAR, S/O. LATE SANATHANAN, AGED 38 YEARS, RESIDING AT PAROLE HOUSE, AMARAVATHI, FORT KOCHI-682 001.

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BY ADV. SRI.P.K.RAVISANKAR.

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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OP(C).No. 2762 of 2014 (O)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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P1. TRUE COPY OF THE EXECUTION PETITION FILED BY THE RESPONDENT HEREIN HAVING NUMBER E.P. NO. 72/2014 IN OS NO. 187/2005 ON THE FILES OF THE SUBORDINATE COURT, KOCHI.

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P2. TRUE COPY OF THE ORDER DATED 19-11-2014 IN E.P. NO. 72/2014 IN OS NO. 187/2005 ON THE FILES OF THE SUBORDINATE COURT, KOCHI.

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RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

K. HARILAL, J.

O.P.(C) No. 2762 of 2014

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Dated this the 8^th day of July, 2016

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JUDGMENT

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The petitioner is the Judgment Debtor in

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E.P.No.72/2014 in O.S. No.187/2005 on the files of the Sub Court, Kochi. The respondent filed the above Execution Petition for execution of the decree by arrest and detention of the petitioner in civil prison. Admittedly, the Judgment Debtor is a Government Servant and he has no case that, he has no means to pay the decree debt. It is his case that, some portion of his salary has been attached by some other proceedings and he has no sufficient means to pay the decree debt. After considering the said petition, the court below rejected the said contention and issued arrest warrant against the petitioner by Ext.P2 order. The legality and correctness of Ext.P2 order is under challenge in this O.P.(C).

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Heard the learned counsel for the petitioner and

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the learned counsel for the respondent.

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O.P.(C) No. 2762 of 2014 2

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It stands admitted that, the petitioner is a Government Servant, who has been drawing salary every month. It is his case that, some portion of his salary has been attached earlier in some other proceedings and after deducting the said attached amount, he has no sufficient means to pay the decree debt. Going by the impugned order, it is seen that, except the said assertion, no documents have been produced to show that any amount has been deducted from his salary. In the absence of any evidence on the part of the petitioner, the court below is justified in rejecting the said contention. I do not find any reason to interfere with the impugned order under supervisory jurisdiction of this Court.

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This O.P.(C ) will stand dismissed accordingly.

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At last, the learned counsel for the petitioner sought for some time to pay the decree debt. The petitioner is given six months time to pay the decree debt, provided that, he shall pay the decree amount by six monthly instalments, payable before 10^th of every month starting from 1^st August 2016. In the event of failure to pay the

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O.P.(C) No. 2762 of 2014 3

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amount within the specified time, this instalment facility will stand automatically cancelled and the Execution Court shall proceed with the Execution Petition to realize the entire decree amount in lump sum. On compliance of the above condition, the Execution Petition shall be kept in abeyance, till the expiry of the time provided to pay the 6^th instalment. The Execution Court shall post the Execution Petition on 10^th of every month or the next working day, in case 10^th is a holiday, to ascertain the payment.

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STK

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Sd/- K. HARILAL JUDGE

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//TRUE COPY// //P.A. TO JUDGE//

Bella Sathyanarayana v. P.S.Praveen Kumar

Case brief

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Bella Sathyanarayana v. P.S.Praveen Kumar

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