Dismissed

Anil Paul v. Poly

Kerala HC6 Jun 2018CRP/462/2015

Case brief

AI extract

What is this about?

In a civil revision petition challenging an order of arrest and detention in an execution proceeding for ₹5 lakhs, the High Court of Kerala dismissed the petition, upholding the lower court's finding that the judgment debtor had sufficient means to satisfy the decree. The court held no material existed to differ from the lower court's conclusions.

What did the court decide?

The civil revision petition challenging the order of arrest and detention was dismissed, affirming the lower court's findings.

Anil Paul Vs Poly — Execution and Attachment | Kerala HC (2018)

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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 SATHISH NINAN

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WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940

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CRP.No. 462 of 2015

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E.P.207/2014 IN OS.330/2012 OF ADDITIONAL SUB COURT, NORTH PARAVUR.

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REVISION PETITIONER/JUDGMENT DEBTOR:

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ANIL PAUL, AGED 44, S/O.BERNAD, NAISSERY HOUSE, THOTTAKKATTUKARA, ALUVA WEST VILLAGE, ALUVA TALUK.

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BY ADVS.SRI.SABU THOZHUPPADAN SMT.P.M.JINIMOL

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RESPONDENT/DECREE HOLDER:

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POLY, AGED 54, S/O.THOMAS, PURAKKADAN HOUSE, THIRUVALLOR KARA, ALANGAD VILLAGE, PARUR TALUK, ERNAKULAM-686101.

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BY ADV. SRI.ASOK M.CHERIAN BY ADV. SRI.T.R.RENJITH

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THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 06-06-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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mbr/

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11.06.2018.

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = C. R. P. No.462 of 2015 = = = = = = = = = = = = = = = = = = Dated this the 6^th day of June, 2018

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ORDER

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An order of arrest and detention is under challenge by the judgment debtor.

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O.S. No.330 of 2012 was decreed on compromise in favour of the respondent allowing realisation of 5 lakhs with interest and costs. Execution was sought for by arrest and detention of the judgment debtor. Objections were filed by the judgment debtor pleading no means. Evidence was taken regarding the means of the judgment debtor. The decree holder was examined as PW1 and the judgment debtor was examined as RW1. The decree holder has stated that the judgment debtor is engaged in real estate business and earns 40,000/per month. The judgment debtor as RW1 admitted in cross-examination that as prize money for a lottery, he had got `40 lakhs, five years back. It

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C. R. P. No.462 of 2015 :- 2 :-

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is also admitted that he owns 11.25 cents of property with a residential house and another extent of 20 cents. On the material available on record, the court below found that the judgment debtor has sufficient means to wipe off the decree debt. No material is available to differ from the said finding and from the conclusions arrived at by the court below.

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The civil revision petition is accordingly dismissed.

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Sd/SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

C. R. P. No.462 of 2015

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:- 3 :-

Anil Paul v. Poly

Case brief

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Anil Paul v. Poly

Case brief

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