IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 CRP.No. 1798 of 2003() ---------------------- (AGAINST THE ORDER DATED 01/08/2003 IN EP.56/2002 IN OS.2/1997 of SUB COURT,THODUPUZHA) .................... REVN. PETITIONER: 2ND JUDGMENT DEBTOR/2ND DEFENDANT. -------------------------------------------- O.S.PAREETH, OONTHINATTU HOUSE, MANKADAVU KARA, VELLATHOOVAL VILLAGE, MAPPADI TALUK. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: DECREE HOLDER/PLAINTIFF. ------------------------------------- 1. KARIPPU, (DIED) S/O.KUNDANI KATTUNGAL, OWNER OF DOSTA SAW MILLS, NANDAYAMKODE DESOM, NAGALASSERY AMSOM, OTTAPPALAM TALUK. *2. SHAJI, S/O.KARIPPU, --DO-- --DO--. **3. KUNJI LEKSHMI, W/O.LATE KARIPPU, DOSTA SAW MILLS, NANDAYAMKODE DESOM, KUTTANADU.P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT. **4. SAROJAM, D/O.LATE KARIPPU, DOSTA SAW MILLS, NANDAYAMKODE, OTTAPPALAM TALUK, PALAKKAD DISTRICT. C.R.P.NO.1798/2003 **5. ROSHNA K., D/O.LATE KARIPPU, DOSTA SAW MILLS, NANDAYAMKODE, KUTTANADU.P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT. (*IMPLEADED AS ADDITIONAL 2ND RESPONDENT IN THE C.R.P. AS PER ORDER DATED 18/08/2008 IN I.A.NO.1817/2006.) (**IMPLEADED AS ADDITIONAL RESPONDENTS 3 TO 5 IN THE C.R.P. AS PER ORDER DATED 18/08/2008 IN I.A.NO.1804/2008.) BY ADV. SMT.PREETHY KARUNAKARAN FOR R1 SMT.MEENA.A. FOR R1 SRI.R.RAJESH KORMATH FOR R1 SMT.SANJANA R.NAIR FOR R1 SRI.JAYKAR.K.S. FOR R1 SRI.RAHUL VARMA FOR R1 SRI.G.SREEKUMAR (CHELUR) FOR ADDL.R2 SMT.PREETHY KARUNAKARAN FOR R2 SMT.M.M.DEEPA FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ------------------------------- C.R.P.No.1798 of 2003 ------------------------------- Dated this the 18th August, 2008. O R D E R This petition is filed under Section 115 of Code of Civil Procedure challenging the order of arrest passed by Sub Court, Thodupuzha, as against the petitioner, second judgment debtor, finding that he has sufficient means to pay the decree debt. Learned Sub Judge found that prayer of the second judgment debtor before the executing court was only for permission to pay the decree debt in three instalments within one year and he has also admitted that he owes 4 ½ acres of land, and, therefore, he has sufficient means to pay the decree debt. In view of the finding in the impugned order, I do not find any illegality or irregularity in the order warranting interference. Hence, the writ petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE nj.