IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 OP(C).No. 919 of 2011(O) ------------------------ PETITIONER: --------------- C.D.PAUL, AGED 58, S/O.C.P.DEVASSY, CHATHELI HOUSE, KODAKARA VILLAGE, MANAKULANGARA DESOM, MUKUNDAPURAM TALUK. BY ADV. MR.G.SREEKUMAR (CHELUR) RESPONDENT: --------------- IRINJALAKUDA KURIES AND FINANCE(P)LTD., IRINJALAKUDA.P.O., MANAVALASSERY VILLAGE, MUKUNDAPURAM TALUK, REP.BY ITS EXECUTIVE DIRECTOR, K.M.ABDUL RAHIMAN, S/O.KARAPPAMVEETIL MUHAMMED, MANAVALASSERY VILLAGE,MUKUNDAPURAM TALUK, PIN-680 121. ADV. MR.K.S.BHARATHAN FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 919 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: E.P.NO.168/2009 IN O.S.NO.164/2007 DTD.24.6.2009 ON THE FILE OF THE ADDL.SUB COURT, IRINJALAKUDA. EXT.P2: E.A.NO.1/2011 IN eXT.P1 DTD. 1.1.2011 ON THE FILE OF THE ADDL.SUB COURT, IRINJALAKUDA. EXT.P3: OBJECTIONS FILED BY THE PETITIONER TO EXT.P2 APPLICATION DATED 7.1.2011. EXT.P4: ORDER PASSED IN E.A.NO.1/2011 IN E.P.NO.168/2009 IN O.S.NO.164/2007 DTD. 3.2.2011 ON THE FILE OF THE ADDL.SUB COURT, IRINJALAKUDA. EXT.P5: ORDER PASSED IN E.A.NO.1674/2010 IN E.P.NO.168/2009 IN O.S.NO.164/2007 DTD. 2.11.2011 ON THE FILE OF THE ADDL.SUB COURT, IRINJALAKUDA. RESPONDENT'S EXHIBITS: NIL ...... // TRUE COPY // P.S. TO JUDGE. HARUN-UL-RASHID,J. ------------------------------- O.P.(C). NO. 919 OF 2011 ------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2011 JUDGMENT This original petition is filed seeking to set aside Ext.P4 and P5 orders. Petitioner is the lst judgment debtor in E.P.No.168/2009 in O.S.No.164/2007 on the file of the Additional Sub Court, Irinjalakuda. By Ext.P4 order the execution court held that the judgment debtors are not inclined to pay the decree amount in spite of granting several chance. The court ordered that they are deliberately evading payment. Ext.P5 is the order passed by the execution court directing the judgment debtors to produce documents regarding the assets, registers showing the business transaction and give oral evidence under Order XXI Rule 41 of the C.P.C. Subsequently, the court passed Ext.P4 order ordering arrest and detention of the judgment debtors for one month in civil prison, which is under challenge in this original petition. 2. When the case was taken up for admission, this Court -2- O.P.(C).No.919/2011 passed an interim order keeping in abeyance Ext.P4 order for a period of three months on condition that the petitioner shall pay `40,000/-. It is reported that `40,000/- was paid as ordered. The petitioner undertakes to pay the balance amount in three equal monthly instalments. The undertaking is recorded. The balance decree amount due as on today shall be paid in three equal monthly instalments. The first instalment shall be paid on or before 15/7/2011 and the subsequent instalments on or before 17/8/2011 and 20/9/2011 respectively. If the amount is not paid as per the undertaking, the execution court shall proceed to execute the decree in terms of Ext.P4 order. Original Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.