IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 CRP.No. 710 of 2008() --------------------- AGAINST THE ORDER DATED 30/08/2008 IN EP 44/2007. IN OS.190/2006 of MUNSIFF COURT, PUNALUR .................... REVN. PETITIONER(S): JUDGMENT DEBTOR/DEFENDANT: --------------------------------------------------------------- M.CHANDRASEKHARA PILLAI, CHANDRA BHAVAN, YEROOR P.O., YEROOR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENT(S): DECREE HOLDER/PLAINTIFF: ----------------------------------------------------- STATE BANK OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, S.B.I.BRANCH, KARAVALOOR. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 29.09.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== C.R.P. No. 710 of 2008 ========================== Dated this the 29th day of September, 2008. ORDER The petitioner who is the judgment debtor in E.P. No. 44 of 2007 in O.S. No. 190 of 2006 on the file of the Munsiff's Court, Punalur in a money decree obtained by the Karavaloor branch of the State Bank of India, challenges the order dated 30.08.2008 passed by the Executing Court holding that the petitioner is having the means to pay the decree debt. He claims to have altogether paid a sum of Rs.10,000/- only. The decree amount as per the E.P filed in the year 2007, is Rs.87,208/-. 2. I am not inclined to accept the petitioner's contention that the mere finding that the petitioner has the means to pay the decree debt is not enough and that there should be a further finding that he has wilfully neglected to pay the decree debt. The finding recorded by the court below is on the evidence adduced before it and this Court sitting in the rarefied jurisdiction under Section 115 C.P.C will not be justified in interfering with the order passed by the court below in the absence of any jurisdictional C.R.P. NO. 710/2008 : 2: error in the order. This revision is accordingly dismissed. However, the petitioner is given further time of six months' as a last chance to deposit the entire amount due from him before the Executing Court, provided he makes an initial deposit of Rs.20,000/- within one month from today. If he commits default in making the initial deposit as aforesaid, the entire amount shall become payable. The arrest warrant against the petitioner shall be kept in abeyance for a period of one month from today to enable the petitioner to make the initial deposit of Rs.20,000/-. In case the petitioner deposits the said amount, the arrest warrant against the petitioner shall be kept in abeyance for a further period of five months. This C.R.P. is disposed of as above. Dated this the 29th day of September, 2008. V. RAMKUMAR, JUDGE. rv C.R.P. NO. 710/2008 : 3: