IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 24TH SEPTEMBER 2009 / 2ND ASWINA 1931 WP(C).No. 25425 of 2008(B) -------------------------- AGAINST THE ORDER DATED 17/07/2008 IN E.P. 181/07 IN OS.1160/2001 of MUNSIFF'S COURT,CHAVAKKAD .................... PETITIONER(S): --------------- BASHEER, S/O. KUNJMON, PANIKKAVEETTIL THIRUNELLI VEETTIL KUNDALIYOOR DESOM, ENGANDIYOOR VILLAGE CHAVAKKAD TALUK BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.RAJAN VELLOTH SRI.A.S.SABU RESPONDENT(S): --------------- SUDDHA, W/O. KARAPPAM VEETTIL MUHAMMED KUNDALIYOOR DESOM, ENGANDIYOOR VILLAGE CHAVAKKAD TALUK. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS:- P1: TRUE COPY OF THE OBJECTION FILED BY THE PETITONER DATED 19-6-2008. P2: TRUE COPY OF THE AFFIDAVAIT FILED BY THE RESPONDENT DATED 26-6-2008. P3: TRUE COPY OF THE ORDER PASSED BY THE MUNSIFF COURT, CHAVAKKAD DATED 17-1-2008. P.Q. BARKATH ALI, JJ. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 25425 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 24th September, 2009 JUDGMENT This writ petition is filed under section 227 of the Constitution of India by the judgment debtor in E.P.No.181 of 2007 in O.S. No.1160 of 2001 on the file of the Munsiff's Court, Chavakkad seeking to set aside Ext.P3 order. 2. The respondent/decree holder filed O.S. No.1160 of 2001 before the Munsiff's Court, Chavakkad for realisation of money from the defendant, which was decreed. She filed Execution Petition for arrest and detention of the petitioner. The Execution Court by order dated 17-7-2008 ordered arrest and detention of the petitioner. Since the petitioner has no means to pay the decree debt, he has approached this Court for setting aside Ext.P3 order. 3. On going through Ext.P3 order, it is seen that the decree holder did not produce any document to prove the means of the petitioner. She was examined as PW1 before the Executing Court. She deposed that the judgment debtor has purchased land, but no document is seen produced by her to prove the same. That being so, the finding of the court below that the petitioner has means to pay the decree debt is liable to be set aside. WPC 25425/08 2 4. Hence, Ext.P3 is set aside and the matter is remitted back to the Executing Court to adjudicate upon the question whether judgment debtor has means to pay the decree debt. The petitioner and the respondent are at liberty to adduce further evidence, if any, before the Executing Court. This being a suit of 2001, the court below is directed to dispose of the matter as early as possible, at any rate within three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. P.Q. BARKATH ALI, JUDGE mn