IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 OP(C).No. 671 of 2011(O) ------------------------------- ARC.195/2000 of SUB COURT, MANJERI .................... PETITIONER --------------- FIROZ KHAN, S/O.MUHAMMAD, PALEMPADIYAN AMBALAPARAMBIL HOUSE, KOOTTILANGADY AMSOM AND VALLIKKAPATTA DESOM OF PERINTHALMANNA TALUK, POST VALLIKKAPATTA, MALAPPURAM DISTRICT. PIN-679 322. BY ADV. SRI.K.MUHAMMED SALAHUDHEEN RESPONDENT(S): --------------------- THE SECRETARY, PERINTHALMANNA SERVICE CO-OPERTIVE BANK, PERINTHALMANNA (POST), MALAPPURAM DISTRICT. PIN-679 322. BY ADVS. SRI.V.RAJENDRAN SMT.A.S.BEENU THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 671/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION NO.254/2008 OF THE SUB COURT, MANJERI DATED 31/10/2008. P2: COPY OF THE ORDER DATED 05/01/2011 MADE IN EP. NO.254/2008 IN ARC NO.195/2000 ON THE FILES OF SUBORDINATE JUDGES COURT, MANJERI. P3: COPY OF THE ORDER OF THE LEARNED SUB JUDGE MANJERI DATED 06/01/2011 (AS TAKEN DOWN BY THE COUNSEL OF THE PETITIONER) IN EP NO.254/2008 IN ARC NO.195/2000. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P.JOSEPH, J. ==================================== O.P(C) No.671 of 2011 ==================================== Dated this the 17th day of November, 2011 J U D G M E N T Original Petition is in challenge of Ext.P2, order dated 05.01.2011 in E.P. No.254 of 2008 of the court of learned Sub Judge, Manjeri in ARC No.195 of 2005, committing petitioner to the civil prison for a period of three months. 2. It is contended by the leaned counsel for petitioner and it is admitted by the learned counsel for respondent also that the executing court has not entered any finding regarding means of petitioner before passing Ext.P2, order. If that be so Ext.P2, order cannot be sustained. 3. A warrant of arrest could be issued against the respondent only on decree holder proving circumstances referred to in the sub-clauses to the proviso to Section 51 of the Code of Civil Procedure. Since that has not been done, Ext.P2, order cannot be sustained. Original Petition is allowed. Exhibit P2, order is set aside and the matter is remitted to the learned Sub Judge for fresh decision. Leaned Sub Judge shall enquire into the means of petitioner and take appropriate decision in the matter as provided under law. THOMAS P. JOSEPH, JUDGE. vsv