IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST OCTOBER 2010 / 9TH ASWINA 1932 WP(C).No. 7324 of 2010(O) ------------------------- AGAINST THE ORDER IN EP.61/2008 IN OS.108/1995 of SUB COURT, PALA .................... PETITIONER: --------------- THOMAS,THULUVANIKKEL HOUSE, PYAPPAR POST, LALAM VILLAGE,PALA. BY ADV. SRI.B.KRISHNA MANI SRI.JOSEPH T.JOHN RESPONDENT: --------------- K.C.PAUL, S/O.CHAKKUNNI, KAREPPARAMBIL HOUSE, PALA POST,KOTTAYAM. ADV. SRI.SOJAN JAMES FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7324 of 2010 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : E.P.NO.61/2008 IN O.S.108/95 BEFORE THE SUB COURT, PALA DTD 19.01.2010 DTD 18.06.2008 EXHIBIT P2 : AFFIDAVIT DTD 14.07.2009 EXHIBIT P3 : OBJECTION DTD 29.09.09. FILED BY THE RESPONDENT EXHIBIT P4 : RECEIPTS DTD 25.01.2000 EXHIBIT P5 : RECEIPTS DTD 21.07.2000 EXHIBIT P6 : RECEIPTS DTD 22.06.2001 EXHIBIT P7 : RECEIPTS DTD 30.11.1999 EXHIBIT P8 : RECEIPTS DTD 31.10.2000 EXHIBIT P9 : ORDER IN E.P.NO.61/2008 IN O.S.108/95 BEFORE THE SUB COURT, PALA DTD 19.01.2010 RESPONDENT'S EXHIBITS: NIL True Copy P.A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.7324 of 2010 --------------------------------------- Dated this 01sr day of October, 2010 JUDGMENT This petition is in challenge of Ext.P9, order refusing to issue warrant of arrest to the respondent/judgment debtor. Petitioner has obtained a decree for payment of money in his favour and sought personal execution against respondent in E.P.No.61 of 2008 in O.S.No.108 of 1995 of the court of learned Sub Judge, Pala. Petitioner gave evidence as PW1 as to the means of respondent. He stated that respondent owns vehicles, multi storied building and has business at New Delhi but he was not able to produce documents in support of that. The executing court was not inclined to act upon the uncorroborated version of petitioner as PW1 and rejected prayer for personal execution. It is contended in this writ petition that order of the executing court is not sustainable. Learned counsel for respondent states that there is no evidence to show that respondent has any means. 2. Petitioner has given evidence as PW1 and stated about assets allegedly belonging to the respondent but he was not able to produce any document. Executing court was not impressed by the version of PW1 alone to find means of W.P(C).No.7324 of 2010 : 2 : petitioner. Having regard to the facts and circumstances I am inclined to give petitioner opportunity to adduce further evidence. I make it clear that respondent also will get opportunity to adduce evidence if required. Resultantly writ petition is allowed in the following lines: Ext.P9, order is set aside and the matter is remitted to the executing court for fresh consideration of the request of petitioner for personal execution against respondent. Both sides will get opportunity to adduce evidence in respect of their respective contentions. Parties shall appear in the executing court on 30-10-2010. (THOMAS P JOSEPH, JUDGE) Sbna/-