IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1067 of 2008(B) ------------------------- AGAINST THE ORDER IN EP. 14/2007 IN OS.39/2000 of SUB COURT, KOTTARAKKARA .................... PETITIONER: ------------ SHANAVAS, S/O. GULAM PILLAI, VADAKKEVILA PUTHEN VEEDU, ANCHAL VILLAGE. BY ADV. SRI.P.B.SURESH KUMAR SRI.LEO GEORGE RESPONDENTS: ------------- PARAMESWARAN, S/O. VELAYUDHAN, SREE BHAVAN, AGASTHYACODE MURI, ANCHAL VILLAGE, PATHANAPURAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, ALONG WITH WPC 1109/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NOs. 1067 & 1109 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of January, 2008. J U D G M E N T WPC 1067/08 is preferred against the order of the Subordinate Judge, Kottarakkara in E.P.14/07 in O.S.39/00 and the other writ petition is filed against the order in E.P.15/07 in O.S.66/03. By the orders passed in the above case, the Court has ordered arrest of the judgment debtor in execution of the decree. The learned counsel for the revision petitioner submits that he is a teacher by profession and the decree amount together in both the cases as seen from the execution petition comes to almost Rs.19 lakhs. In order to arrest a person in execution of the decree, the Court has to satisfy its conscience whether he will be in a position to pay the amount in lump sum. It is true that when there is a realisable asset it can be made use of for raising the fund and discharging the debt. It is also submitted that he has got only one item of property and that has already been attached before judgment. So, practically there is difficulty W.P.C. Nos.1067 & 1109 OF 2008 -:2:- for the person to sell the property to raise funds. When such is the situation it is only just and equitable that an opportunity is given. Therefore, I set aside the order of arrest passed in both the cases, permit the writ petitioner herein to file a counter statement regarding his objections in the execution petition and thereafter the Court below is directed to give opportunities to both the sides to adduce evidence in support of their respective contentions and then dispose of the matter in accordance with law. Since there is a prayer in the execution petition itself for sale of the property, the Court may also consider whether it can persuade the decree holder to proceed against the property before proceeding personally against the judgment debtor. Accordingly the writ petitions are allowed and disposed of as above. Needless to say that the arrest warrant cannot be executed now. M.N. KRISHNAN, JUDGE. ul/-