IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34602 of 2008(T) ------------------------------------ PETITIONER : ---------------- M.ANANDAN, ANILA BHAVAN, KAZHAKKUTTAM THEKKUM BHAGOM, THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN RESPONDENT : ----------------- J.ANIRUDHAN, AMBUMOOLA VEEDU, KARIYIL, KAZHAKKUTTAM, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 34602 of 2008 ---------------------------- Dated this the 24th day of November, 2008 JUDGMENT The prayer of the petitioner in this writ petition is to direct the execution court to consider and pass appropriate orders De-novo in E.P. No.334 of 2007 in O.S. No.2031 of 1991. The E.P was filed by the petitioner/decree holder for recovery of amount due under the decree by personal execution against the judgment debtor. The execution court after considering the evidence of the decree holder and judgment debtor found that there is no evidence as regards the means of the judgment debtor and closed the E.P. for the time being observing that the decree holder is at liberty to move fresh E.P. in the event of judgment debtor becoming able to pay off the decree debt in future. According to the counsel for the decree holder even now the judgment debtor is having the ability and means to discharge the debt though for reason of not furnishing details of the Bank account the J.D. has, the court below found that the judgment debtor is not having means to pay off the debt. In the result, I dispose of this writ petition without prejudice to the decree holder filing fresh E.P and establishing that the judgment debtor is W.P(c) No. 34602/ 2008 2 maintaining an account and that he has withdrawn considerable amount there from after the decree in the suit and it is not a case where the judgment debtor is not having the ability and means to discharge the debt as contented by him and that he is not having any bank account as deposed by him. However personal execution against the J.D. shall be ordered only on the petitioner/decree holder proving the above aspects and not earlier thereto. K.P. BALACHANDRAN, JUDGE scm