IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 24262 of 2007(L) -------------------------- AGAINST THE ORDER IN EP 327/2006 IN O.S.223/2005 of PRL.MUNSIFF COURT, PALAKKAD .................... PETITIONER(S): --------------- MADHUSOODHANAN, S/O. MADHAVI AMMA, AGED 57 YEARS, VELUTHAKKAL VEEDU, MUDAPPALLUR, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- K.P.SASIDHARAN, S/O. GOPALAKRISHNAN NAIR, AGED 51 YEARS, ADVOCATE, 'PRADEEPA', KIZHAKKETHARA, ALATHUR, PALAKKAD DISTRICT. ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON FOR R1 SRI.JIBU P THOMAS FOR R1 SRI.P.S.APPU FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 24262 of 2007 Appendix Ext.P1: true copy of the Counter Statement dated 10.07.2006 filed in E.P. No. 74/2006 of the Court of the Munsiff, Alathur. Ext.P2: True copy of the affidavit filed by the decree holder. Ext.P3: True copy of the affidavit filed by the Petitioner. Ext.P4: True copy of the order dated 19.07.2007 in E.P. no. 327/2006 of the court of the Munsiff, Palakkad. //True copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No.24262 of 2007 ---------------------------------------- Dated this the 7th day of April, 2009 JUDGMENT The order under challenge in this writ petition is the order passed by the execution court in E.P. 327/2006 in O.S. 223/2005 on the file of the Munsiff Court, Palakkad directing arrest and detention of the judgment debtor. The execution court considered the plea of no means raised by the petitioner/ judgment debtor. After examining the matter in detail the execution court held that the respondent/decree holder was able to prove that the petitioner/judgment debtor has sufficient means to pay off the decree debt. In the light of the oral and documentary evidence adduced by both sides, the execution court held that it cannot accept the plea of no means. The execution court after satisfying that the petitioner / judgment debtor has means to pay off the decree debt, allowed the prayer of the respondent/decree holder for realisation of the decree debt by arrest and detention of the petitioner/judgment debtor in Civil Prison. The said order was passed after examining the contentions raised by both parties and the evidence on record. I find no reason to interfere with the order passed by the execution court. This writ petition stands dismissed. (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- W.P.(C) No.24262 of 2007 ---------------------------- JUDGMENT 7th April, 2009