IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27774 of 2008(F) -------------------------- AGAINST THE ORDER DATED 13/08/2008 IN EP 1702/2008. IN OS.6/1991 of PRL.M.C.,IRINJALAKUDA .................... PETITIONER: ------------ O.J.PAUL, S/O.OLAPRATH JOSEPH, THOMMANA DESOM, KADUPPASSERY VILLAGE, IRINJALAKUDA, THRISSUR. BY ADV. SMT.S.MUMTAZ RESPONDENTS: ------------- 1. TOWN CURIES AND LOANS PVT.LTD., IRINJALAKUDA, REP. BY THE MANAGING DIRECTOR, BALAKRISHNAN. 2. C.K.JOY, S/O.CHALISSERY KUNJUVAREED, KADUPPASSERY VILLAGE, IRINJALAKUDA, THRISSUR. BY /- THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.RAMKUMAR, J. ==================== W.P.(C).No.27774 of 2008 =========================== Dated this the 19th day of September, 2008. J U D G M E N T In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner/3rd judgment debtor in E.P.No.1702/200/ in O.S.No.6/1991 on the file of Principal Munsiff's Court, Irinjalakkuda, challenges Ext.P3 order passed by the executing court holding that the petitioner has means to pay the decree debt and rejecting the contentions of the petitioner, ordered warrant of arrest against the petitioner. The suit was of the year 1991 and the decree holder has adduced evidence to the effect that the petitioner has means to pay the decree debt which was Rs.24,067/- as on 19.12.2006. He is one of the sureties of the principal debtor. The finding recorded by the executing court is on the basis of evidence adduced before it and this court sitting under the special original jurisdiction will be loath to interfere with the said finding. This writ petition is accordingly dismissed. The petitioner is given two months' time from today to deposit the decree amount before the executing court. V.RAMKUMAR JUDGE. bkn/-