IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 19208 of 2006(J) -------------------------- OS.432/2002 of M.C.,VADAKKANCHERRY .................... PETITIONER: ------------ 1. A.M.KRISHNANKUTTY, S/O.MADHAVAN, ANDALADI HOUSE, KILLIMANGALAM DESOM, KILLIMANGALAM AMSOM OF THALAPPILLY TALUK. 2. C.P.GOVINDANKUTTY, S/O.KRISHNAN NAIR, PALANCHERY HOUSE, KILLIMANGALAM DESOM, KILLIMANGALAM AMSOM OF THALAPPILLY TALUK. 3. M.P.PADMANABHAN, S/O.PERACHAN, MANGOTTIL HOUSE, KILLIMANGALAM DESOM, KILLIMANGALAM AMSOM OF THALAPPILLY TALUK. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: ------------- 1. SUMANGALAM KURIES AND LOANS PVT. LTD., CHELAKKARA AMSOM AND DESOM, THALAPPILLY TALUK, TRISSUR DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1: TRUE COPY OF THE AFFIDAVIT FILED BY THE IST PETITIONER IN E.P. 85 OF 2005 IN O.S. 432/02 BEFORE THE MUNSIFF COURT, WADAKKANCHERY EXT.P2: TRUE COPY OF THE AFFIDAVIT FILED BY THE 3RD PETITIONER IN E.P. 85 OF 2005 IN O.S. 432 OF 2002 BEFORE THE MUNSIFF COURT, WADAKKANCHERRY EXT.P3: TRUE COPY OF THE PROCEEDINGS OF THE MUNSIFF COURT, WADAKKANCHERRY IN E.P. 85 OF 2005 IN O.S. 432 OF 2002 DATED 31-05-2006. V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * W.P. (C) NO. 19208 of 2006 * * * * * * * * * * * * * * * * * * Dated: 15-09-2008 JUDGMENT The Writ Petitioners are the judgment debtors and the respondents in E.P. 85 of 2005 in O.S. 432 of 2002 on the file of the Munsiff's Court, Wadakkancherry. The decree amount is Rs. 47,775/-. In the execution levied by plaintiffs/ decree holders the petitioners herein pleaded no means. They also contended that they are ready to sell their properties to the decree holder. As per Ext.P3 order dated 31-5-2006 the execution court held that the petitioners have means to pay the decree debt that they were deliberately avoiding payment of the debt, and accordingly issued warrant of arrest of the writ petitioners. It is the said order which is assailed in this Writ Petition filed under Article 227 of the Constitution of India. 2. I do not find any good ground for interference under the visitorial jurisdiction of this Court. The finding that the petitioners have got sufficient means to pay the decree debt is a pure finding of fact which cannot be interfered with by this Court sitting in the W.P. (C) NO. 19208 of 2006 -:2:- rarified jurisdiction under Art. 227 of the Constitution of India. The learned counsel for the petitioners submitted that they have already deposited Rs. 10,000/- in pursuance of the interim order dated 21-7- 2006 passed by this Court. The petitioners are given three months time to deposit the balance amount before the execution court failing which the impugned order for arrest of the petitioners shall revive. The said order shall be kept in abeyance for three months so as to enable the petitioners to deposit the balance amount within the said period. This Writ Petition is disposed of as above. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.