Dismissed

Sucy Kunjumon v. Yesudas @ Robin

Kerala HC2 Apr 2024OP(C)/830/2024

Case brief

AI extract

What is this about?

The High Court examined an Original Civil Petition challenging an order of arrest made in an execution petition. Finding that the execution court correctly evaluated evidence showing the petitioner had means to pay, the court held no illegality in the impugned order. Consequently, the petition was dismissed without any substantive discussion of provisions or precedent.

What the court decided

AI extract

Sucy Kunjumon Vs Yesudas @ Robin — Execution and Attachment | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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TUESDAY, THE 2^ND DAY OF APRIL 2024 / 13TH CHAITHRA, 1946

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OP(C) NO. 830 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 22.12.2023 IN EP NO.177 OF 2017 OF ADDITIONAL MUNSIFF COURT,CHERTHALA ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS NO.768 OF 2014 OF ADDITIONAL MUNSIFF COURT,CHERTHALA

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PETITIONERS/ JUDGMENT DEBTORS/ DEFENDANTS:

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1 SUCY KUNJUMON AGED 52 YEARS, W/O IGNATIUS, RESIDING AT PALYATHU THAYYIL, KADAKKARAPLLY VILLAGE, THAICKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688530

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2 IGNATIUS @ KUNJUMON AGED 53 YEARS, S/O JACOB, RESIDING AT PALYATHU THAYYIL, KADAKKARAPLLY VILLAGE, THAICKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688530 BY ADVS. V.N.SANKARJEE V.N.MADHUSUDANAN R.UDAYA JYOTHI M.M.VINOD M.SUSEELA KEERTHI B. CHANDRAN VIJAYAN PILLAI P.K. C.PURUSHOTHAMAN NAIR SINEESH K.M. SHILPA P.S.

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RESPONDENTS/DECREE HOLDER/ PLAINTIFF:

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YESUDAS @ ROBIN AGED 47 YEARS, S/O DEVASIA, KADAPPURATH VEEDU, CHERTHALA NORTH VILLAGE, THAICKAL P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT., PIN - 688530 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) No. 830 of 2024

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..2..

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J U D G M E N T

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This original petition has been filed challenging Ext.P19 order.

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The petitioners are the judgment debtors and the respondent is the decree holder.

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The petitioners suffered a decree for money. Now the Execution Petition has been filed to realise the decree debt of Rs.6,84,000/-.

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The petitioners pleaded no means. The petitioners as well as the respondent gave evidence. The execution court after evaluating the evidence, found that the 2^nd petitioner has the means to pay the decree debt. Accordingly, arrest was ordered as per Ext.P19 order. It is challenging the said order, the judgment debtors have approached this Court.

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The learned counsel for the petitioners submitted that Ext.P19 order is not a speaking order, inasmuch as there is no discussion as to the means of the judgment debtors. I went through the evidence given by both parties before the execution court. The depositions have been marked as Exts.P9 to P16. Those evidence, especially, the oral evidence of the decree holder would show that the 2^nd petitioner has the means to pay the decree

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O.P.(C) No. 830 of 2024

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..3..

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debt. I find no illegality or impropriety in the impugned order.

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Accordingly, the original petition is dismissed.

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Sd/-

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DR. KAUSER EDAPPAGATH

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APA

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JUDGE

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O.P.(C) No. 830 of 2024

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..4..

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APPENDIX OF OP(C) 830/2024

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PETITIONER EXHIBITS

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EXHIBIT P-1	TRUE COPY OF EXECUTION PETITION DATED 29.8.2017 - E.P. NO. 177/2017 IN O.S. NO. 768/2014 ON THE FILE OF THE MUNSIFF'S COURT, CHERTHALA
EXHIBIT P-2	TRUE COPY OF THE JUDGMENT DATED 21.6.2017 IN O.S. NO.768/2014 OF THE ADDITIONAL MUNSIFF COURT CHERTHALA
EXHIBIT P-3	TRUE COPY OF THE PLAINT DATED 29.11.2014 IN O.S. NO. 768/2014 ON THE FILE OF THE MUNSIFF'S COURT, CHERTHALA
EXHIBIT P-4	TRUE COPY OF THE WRITTEN STATEMENT DATED 6.6.2015 FILED BY THE PETITIONERS IN O.S. NO. 768/2014 ON THE FILE OF THE MUNSIFF'S COURT, CHERTHALA
EXHIBIT P-5	TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 23.8.2017 IN A.S. NO. 52/2017 PENDING BEFORE THE SUB COURT, CHERTHALA
EXHIBIT P-6	TRUE COPY OF I.A. NO.1/2022 DATED 2.7.2022 IN A.S. NO.52/2017 ON THE FILE OF THE SUB COURT, CHERTHALA
EXHIBIT P-7	TRUE COPY OF THE PETITIONERS' OBJECTION DATED 10.7.2019 IN E.P. NO.177/2017 IN O.S. NO.768/2014 OF THE MUNSIFF'S COURT, CHERTHALA
EXHIBIT P-8	TRUE COPY OF THE MEMO DATED 17.3.2023
EXHIBIT P-9	TRUE COPY OF THE INCOME CERTIFICATE DATED 7.7.2021 ISSUED BY KADAKKARAPPALLY VILLAGE
	(DOCUMENT NO. 1) ALONG WITH THE EXHIBIT P8 MEMO
EXHIBIT P-10	TRUE COPY OF THE BPL CERTIFICATE DATED 6.7.2021 ISSUED BY KADAKKARAPPALLY GRAMA
	PANCHAYAT (DOCUMENT NO. 2) ALONG WITH THE EXHIBIT P8 MEMO

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O.P.(C) No. 830 of 2024

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..5..

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EXHIBIT P-11	TRUE COPY 11.3.2019	OF THE MEDICAL PRESCRIPTION DATED ISSUED BY K.V.M. HOSPITAL, CHERTHALA
	(DOCUMENT MEMO	NO. 3) ALONG WITH THE EXHIBIT P8
EXHIBIT P-12	TRUE COPY (DOCUMENT MEMO	OF THE RATION CARD NO.1417141634 NO. 4) ALONG WITH THE EXHIBIT P8
EXHIBIT P-13	TRUE COPY 15.9.2021 BOARD (DOC P8 MEMO	OF RECEIPT NO. 0812613 DATED ISSUED BY KERALA FISHERMEN WELFARE UMENT NO. 5) ALONG WITH THE EXHIBIT
EXHIBIT P-14	TRUE COPY SCB 1003 T 6) ALONG W	OF NOTICE DATED 30.11.2021 ISSUED BY HAICKAL BRANCH, THANKY (DOCUMENT NO. ITH THE EXHIBIT P8 MEMO
EXHIBIT P-15	TRUE COPY COMPRISING	OF TAX RECEIPT IN T.P.NO.18993 IN SY.452/21-2-1 OF KADAKKARAPPALLY
	VILLAGE ( EXHIBIT P8	DOCUMENT NO. 7) ALONG WITH THE MEMO
EXHIBIT P-16	TRUE COPY (DOCUMENT MEMO	OF TAX RECEIPT IN T.P.NO.20794 NO. 8) ALONG WITH THE EXHIBIT P8
EXHIBIT P-17	TRUE COPY	OF THE RESPONDENT'S DEPOSITION DATED
	23.3.2023	IN E.P. NO. 177/2017 IN O.S.
	NO.768/201 COURT, C DEPOSITION	4 ON THE FILE OF THE MUNSIFF'S HERTHALA (PROOF AFFIDAVIT AND IN CROSS EXAMINATION)
EXHIBIT P-18	TRUE COPY DATED 4.8. NO.768/201 COURT, C DEPOSITION	OF THE 2ND PETITIONER'S DEPOSITION 2023 IN E.P. NO.177/2017 IN O.S. 4 ON THE FILE OF THE MUNSIFF'S HERTHALA (PROOF AFFIDAVIT AND IN CROSS EXAMINATION)
EXHIBIT P-19	TRUE COPY E.P. NO.17 ADDITIONAL	OF THE ORDER DATED 22.12.2023 IN 7/2017 IN O.S. NO.768/2014 OF THE MUNSIFF'S COURT, CHERTHALA

Sucy Kunjumon v. Yesudas @ Robin

Case brief

What is this about?

What the court decided

Sucy Kunjumon v. Yesudas @ Robin

Case brief

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What the court decided

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