IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 CRP.No. 215 of 2009(B) ---------------------- AGAINST THE ORDER DATED 08/01/2009 IN IN EP 66/2008 IN OS.2/2006 of M.C.,PATHANAMTHITTA .................... REVN. PETITIONER: PETITIONER/JUDGMENT DEBTOR/DEFENDANT ----------------------------------------------------------------------------------------------- P.G.ANANDAVALLY AMMA, LABOURER, PLANTHOTTATHIL HOUSE,KUNNATHU KARA MURI, KOZHENCHERY; TALUK & VILLAGE,PATHANAMTHITTA DIST. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.A.S.SAJUSH PAUL RESPONDENT: DECREE HOLDER/PLAINTIFF ------------------------------------------------------------- K.S.RADHAMONY, D/O.SHANMUGHAM PILLAI, RESIDING AT COLONY NO.641,PONNARA NAGAR, VALLAKADAVU.PO, MUTTATHARA,THIRUVANANTHAPURAM. ADV. SRI.M.BALAGOVINDAN FOR R1 SRI.T.K.ANANDA PADMANABHAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/12/2011, THE COURT ON 09/12/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS, J. ----------------------------------------------- C.R.P. No.215 of 2009 ----------------------------------------------- Dated 9th December, 2011. O R D E R The judgment debtor in E.P.66/08 in O.S.2/06 on the file of the Munsiff Court, Pathanamthitta is the petitioner in this revision petition. O.S.2/06 is a suit filed by the decree holder/ respondent herein before the Munsiff Court, Trivandrum for realization of money. The suit was decreed on 29.9.2006, permitting the plaintiff/ decree holder to recover an amount of Rs.75,000/- with interest from the judgment debtor/petitioner herein. The decree was transferred to the Munsiff Court, Pathanamthitta, since the property attached is within the jurisdiction of the Munsiff Court, Pathanamthitta. The petitioner appeared before the execution court on 20.8.2008 and filed her objections immediately thereafter, on 13.9.2008. In the objection, she had stated that she is entitled to the protection of exemption as provided under Section 60(c) of the Code of Civil Procedure. The attached property is having an area of 2.5 cents with a small building with zinc sheet roofing. The building is constructed with the assistance received from the local body. The petitioner is a widow. After filing the CRP 215/2009 2 objections, the matter was not posted for evidence but it was posted for hearing to 17.10.2008. Ultimately, it was heard on 18.12.2008 and orders were passed on 8.1.2009. The execution court held that the petitioner is not entitled to the protection under Section 60(c) of the Civil Procedure Code. After dismissing the same the decree holder was allowed to proceed with the E.P. for sale of the property attached. The case was posted to 23.3.2009 for settlement of proclamation. Against that order, the judgment debtor filed this Civil Revision Petition. 2. Heard the learned counsel for the revision petitioner and the learned counsel for the respondent. 3. The main prayer of the learned counsel for the revision petitioner is that the revision petitioner may be given an opportunity to adduce evidence to show that she is entitled to get the protection of exemption as provided under Section 60(c) of the Civil Procedure Code. Learned counsel for the respondent has no serious objection in giving an opportunity to the revision petitioner to prove her contentions. CRP 215/2009 3 4. Accordingly, this Civil Revision Petition is allowed and the order in E.P.66/08 in O.S.2/2006 on the file of the Munsiff Court, Pathanamthitta dated 8.1.2009 is set aside and the E.P. is remanded to that court and that court is directed to dispose of the matter in accordance with law, after giving sufficient opportunity to both sides to adduce evidence to substantiate their contentions. The parties are directed to appear before the Munsiff Court, Pathanamthitta, on 28.2.2012. Sd/- M.L.JOSEPH FRANCIS, JUDGE. tgs (True copy) P.S. to Judge.