IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 CRP.No. 559 of 2009() --------------------- OS.152/1996 of SUB COURT, CHERTHALA .................... REVN. PETITIONER(S)/JUDGMENT DEBTOR/PETITIONER: ----------------------------------------------- V.V.JAYARAM, RESIDING AT SEETHA BHAVAN, MADACKAL, CHERTHALA. BY ADV. SRI.SUNIL JACOB JOSE RESPONDENT(S)/DECREE HOLDER/COUNTER PETITIONER: ----------------------------------------------- SUGATHAN K.PANICKER, RESIDING AT RACHANA, PATTANAKKAD VILLAGE, PATTANAKKAD. ADV. SRI.P.CHANDRASEKHAR FOR RESPONDENT THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- C.R.P.NO.559 OF 2009 () ----------------------------------- Dated this the 20th day of November, 2009 O R D E R The revision is directed against the order dated 23.9.2009 in E.A.No.124 of 2009 in O.S.No.152 of 1996 on the file of the Sub Court, Cherthala. Revision petitioner is the judgment debtor in the above execution proceedings, which are taken in execution of a decree passed in a suit for money. The execution court has ordered for issuing warrant against the petitioner/judgment debtor negativing his contentions as to why the personal execution against him has to be avoided. After such an order for issue of warrant was passed by the execution court, he moved an application as E.A.No.124 of 2009 for review of the order, which has given rise to the present order under challenge in the revision. The review application, after hearing both sides, was dismissed by the learned Sub Judge. Propriety and correctness of that order is challenged in the revision. CRP.559/09 2 2. Notice was ordered on admission and the respondent appeared. After hearing both sides, on the submissions made by the counsel for petitioner that giving a breathing time the judgment debtor would discharge the decree debt and that he would pay substantial portion of the debt, Rs.2 lakhs, within two weeks, an interim order of stay was granted directing the petitioner to appear personally before the court below and file an affidavit undertaking to pay a sum of Rs.2 lakhs towards the decree debt due within three weeks from the date of the order passed on 22.10.2009. In case the petitioner failed to appear and file an affidavit within the time stipulated the court below was directed to take appropriate steps for executing the warrant to realise the decree debt. It is reported that he has appeared and filed an affidavit undertaking to deposit the amount. However, the deposit of the portion of the debt as undertaken has not been made till date. It is also brought to notice that previously proceedings were taken to attach a Benz car belonging to the petitioner, and then also, he undertook to produce the vehicle as and when directed by the court. The direction/order of the CRP.559/09 3 court later to produce the vehicle, it is reported, was honoured only in its breach. From the submissions made and the facts and circumstances disclosed, it is noticed that the petitioner, who appears to be possessed of sufficient means, is not only avoiding the discharge of the decree debt, but also flagrantly flouting the orders of the court. The learned Sub Judge is directed to take steps forthwith for execution of the warrant ordered against the petitioner/judgment debtor and also appropriate proceedings for the breach of the undertaking given from time to time before the court, in accordance with law. The Superintendent of Police, Alappuzha, is directed to provide necessary police assistance, to the Amin deputed by the court to arrest and produce the petitioner before court, in case any such order is given by the learned Sub Judge, to facilitate the execution of the warrant ordered against the petitioner/judgment debtor. Handover a copy of the order to the counsel on both sides and also the Govt.Pleader, who shall give necessary instructions to the Superintendent of Police, Alappuzha for CRP.559/09 4 providing police assistance to execute the warrant, in case, it is so ordered by the court below. S.S.SATHEESACHANDRAN JUDGE prp