IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 CRP.No. 396 of 2010() --------------------- OS.361/2007 of MUNSIFF COURT, KODUNGALLUR .................... REVN. PETITIONER/JUDGMENT DEBTOR: --------------------- SHAHUL HAMEED, S/O.PAINATTUPEDIKKAL MUHAMMAD.P.VEMBALLOOR DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENTS/DECREE HOLDER: --------------- 1. AISWARYA GROUP OF FINANCERS REP.BY MANAGING PARTNER, KARTHIKEYAN, S/O. MANNAMPARAMBIL PARAMESWARAN,P.VEMBALLOOR DESOM, SR EENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK 680 091 2. CHAIRMAN, DHARMAPALAN, S/O. VALIYAPARAMBIL VASUDEVAN,P.VEMBALLOOR DESOM SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK 680 091 3. TREASURER, THULASIDASAN, S/O.CHALLIYIL SANKUNNI,VEMBALLOOR DESOM, SREENARAYANAPURAM VILLAGE, KODUNGALLUR TALUK-680 091. ADV. SRI.BABU KARUKAPADATH FOR R1-3 SMT.M.A.VAHEEDA BABU FOR R1-3 SRI.JAGAN GEORGE FOR R1-3 SRI.K.A.NOUSHAD FOR R1-3 SRI.P.G.PRAMOD FOR R1-3 SRI.KANDAMPULLY RAHUL FOR R1-3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No.396 of 2010 --------------------------------------- Dated this 19th day of October, 2010 ORDER Judgment debtor in E.P.No.361 of 2007 of the court of learned Munsiff, Kodungallur is the petitioner before me challenging order dated June 16, 2010 issuing warrant of arrest to the petitioner. It is contended by learned counsel for petitioner that the order is bad since there is no finding based on the evidence let in by the parties that petitioner has means and in spite of that, has refused or neglected to pay the decree amount. Learned counsel for respondents contend that petitioner is a timber merchant and has sufficient means. 2. It is not disputed that both sides have adduced evidence regarding their respective contentions as to means of petitioner. But the order under challenge does not reflect the evidence let in by parties or any consideration given to such evidence. The order only says that according to the petitioner he is not in a position to do any work as he suffered injury on his back bone, he has not filed any medical certificate and hence it is held that he has means to pay the decree amount. As there is no consideration of the evidence let in by the parties as regards C.R.P.No.396 of 2010 : 2 : means the order cannot be sustained and is liable to be set aside. Resultantly this petition is allowed and the order dated 16-06-2010 in E.P.No.316 of 2009 in O.S.No.361 of 2007 of the court of learned Munsiff, Kodungallur is set aside. The matter is remitted to the executing court for consideration of the evidence regarding means. I make it clear that it will be open to the parties to adduce further evidence if any, in regard to their respective contentions in the matter. (THOMAS P JOSEPH, JUDGE) Sbna/-