IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 12614 of 2008(B) -------------------------- AGAINST THE ORDER IN EP.29/05 IN OS.186/2004 of J.M.F.C.,PEERUMEDU .................... PETITIONER: ------------ AUGUSTHY JOSEPH, S/O.VARKEY JOSEPH, KAVATTU VEEDU, KOTHAPARA, UPPUTHARA. BY ADV. SRI.C.K.VIDYASAGAR SRI.T.I.ABDUL SALAM RESPONDENT: ------------- PAUL THOMAS, S/O. A.T. THOMAS, EARATHU VEEDU, UPPUTHARA P.O., IDUKKI DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 12614 OF 2008 --------------------- Dated this the 10th day of April, 2008 JUDGMENT This writ petition is filed with a prayer to quash Ext.P1 proceedings. A perusal of the proceedings of the court below would reveal that on 24.2.07 the decree holder was present and on filing of the chief affidavit, he was cross-examined and the means was proved. Thereafter the court ordered notice under Order XXI Rule 37 of the CPC. In spite of the best endeavour to get the judgment debtor present before the court for almost an year, the judgment debtor some way or other has successfully evaded his presence before the court. That shall not be the attitude of a judgment debtor. 2. Therefore I direct the judgment debtor to be present before the court on 22.5.08 and make a payment of Rs.10,000/- on that day. On making such payment, the court below shall give an opportunity to file his objections regarding the means. The court shall, thereafter, conduct an enquiry and, if necessary, by permitting the decree holder as well as the judgment debtor to adduce further evidence . The court shall thereafter decide the question of means and then dispose of the matter in accordance with law. If the writ WPC NO 12614/08 2 petitioner is not present on 22.5.08 and if he does not pay the amount of Rs.10,000/-, as ordered by me, he will forfeit all the benefits granted to him under this judgment. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 12614/08 3 WPC NO 12614/08 4