IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 23RD JULY 2009 / 1ST SRAVANA 1931 WP(C).No. 10925 of 2009(O) --------------------------------------- OS.NO.105/1998 OF PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER/ JUDGMENT DEBTOR: --------------------------------------------------- P.C.THOMAS, RETD.HEADMASTER, S/O.CHACKO (KUNJAPPAN), PRIYA COTTAGE, PANACHINANIKKAL HOUSE, VALLIKKODE, PUDUPARIYARAM VILLAGE, PALAKKAD TALUK & DISTRICT. BY ADV. MR.A.R.GANGADAS. RESPONDENT/ DECREE HOLDER: ------------------------------------------------- V.V.VARGHESE, S/O.VARGHESE, VARACHERY VEEDU, ANTHINAD P.O., MALANADU KARA, BHARANANGANAM VILLAGE, PALA. BY ADV. MR.BIJU ABRAHAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10925/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE E.P. NO. 192/2008 IN O.S. NO. 105/1998 (MUNSIFF'S COURT, PALA), ON THE FILE OF MUNSIFF'S COURT, PALAKKAD. EXT.P.2: COPY OF THE COUNTER STATEMENT FILED TO EXT.P.1. EXT.P.3: COPY OF THE COUNTER AFFIDAVIT FILED IN EXT.P.1. PROCEEDINGS. EXT.P.4: COPY OF THE ORDER DTD. 30/03/2009 PASSED IN E.P. NO. 192/2008 IN O.S. NO. 105/1998 (MUNSIFF'S COURT, PALA), ON THE FILE OF MUNSIFF'S COURT, PALAKKAD. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.10925 OF 2009 -------------------------- Dated this the 23rd day of July 2009 ------------------------------------- JUDGMENT Petitioner is the judgment debtor in E.P No.192/2008 on the file of Munsiff Court Palakkad which arise from the decree passed in O.S 105/1998 on the file of the Munsiff Court, Pala. The decree was passed in a suit for money. When the execution of the decree was proceeded against the judgment debtor, the judgment debtor resisted the execution contending his inability to pay the decree debt. The learned Munsiff after considering the affidavit filed by the decree holder which was not controverted to by the judgment debtor passed an order holding that the judgment debtor has sufficient means to discharge the decree debt and accordingly ordered for issue warrant against him. W.P.(C).No.10925 OF 2009 Page numbers Ext.P4 is the copy of that order. Impeaching the propriety and correctness of Ext.P4 order the writ petition is filed. I heard the counsel on both sides. At the time of hearing none of the findings made by the learned Munsiff with respect to found the conclusion formed that the petitioner / judgment debtor has possession of sufficient means to pay the decree debt, was assailed before me to take a different view. Other than filing of an affidavit the decree holder has not produced any convincing evidence and the judgment debtor was denied of an opportunity to establish his plea of lack of means were canvassed to impeach the correctness of Ext.P4 order. I find that no specific plea of lack of means was taken even when the judgment debtor filed his objections to the application of the decree holder for issuing warrant against him to realize the decree debt. The court below has taken note that the judgment W.P.(C).No.10925 OF 2009 Page numbers debtor has transferred his property after the filing of the suit. It is also noticed that he retired as a Headmaster of a Government School, after having had continuous service for more than 31 years and that there are circumstances indicating that he is leading an affluent life getting attractive pension. Having regard to the facts and circumstances presented I find this is not a fit case where the visitorial jurisdiction vested with this court can be exercised to interfere with the order passed by the subordinate court which on the face of it does not appear to be suffering from any infirmity. The writ petition is dismissed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv