IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 4156 of 2008(T) ------------------------- AGAINST THE ORDER IN EP 1218/2004 IN OS.1297/2002 of II ADDL.M.C.,THRISSUR .................... PETITIONER: -------------------- JACOB, S/O. MURINGATHERI RAPHAEL, NELLIKUNNU DESOM, NADATHARA VILLAGE, THRISSUR TALUK. BY ADV. SRI.JIJO PAUL RESPONDENT: ------------------------ SAYOOJYA KURIES (P) LTD., H.O. AT CHEMBUKKAVU VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, REPRESENTED BY CHAIRMAN - SHAJAN ANTONY. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.4156 OF 2008 ===================== Dated this the 5th day of February 2008 JUDGMENT This writ petition is preferred against the order of the II Addl.Munsiff's Court, Thrissur in E.P.No.1218 of 2004 in O.S.No.1297 of 2002. The present petitioner is the 3rd judgment debtor. A perusal of the order would reveal that so far as judgment debtors 1 and 2 are concerned, the affidavit filed by PW1 and Exts.A1 and A2 were relied on to prove the means of the said persons. So far as the 3rd judgment debtor is concerned, there is only a solitary sentence “take steps to issue warrant to 3rd judgment debtor also”. It is not clear from that order whether there is any evidence available before court to prove the same and further it is seen from the application filed by him to recall the warrant that he is already facing insolvency petition, I.P.No.5 of 2007. These are all matters which require consideration. Therefore I partly set aside the order under challenge and direct the court below to consider the case of the 3rd judgment debtor, viz., the petitioner herein and pass appropriate orders, after permitting both sides to WP(C) No.4156/2008 -:2:- adduce evidence in support of their respective contentions. With the above observation, writ petition is disposed of. M.N.KRISHNAN, JUDGE Cdp/-