IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH JUNE 2010 / 19TH JYAISTHA 1932 CRP.No. 124 of 2010() --------------------- AGAINST THE ORDER DATED 17/02/2010 IN EP.4/2005 IN OS.45/2002 of SUB COURT,ATTINGAL .................... REVN. PETITIONER/(JUDGEMENT DEBTOR/DEFENDANT): ----------------------------------------------- BALAKRISHNAN NAIR, S/O.MADHAVAKURUP, K.P.S.C.ACADEMY CHAIRMAN, KRISHNAVILASOM VEEDU, PULIMATHU DESOM, PULIATH VILLAGE. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT/(DECREE HOLDER/PLAINTIFF): -------------------------------------- K.B.PRABHAKARAN, S/O.KUNCHU KRISHNAN, KATTAKKALIL VEEDU, KODUVAZHANNUR VILLAGE, PULLAYIL P.O. ADV. SRI.J.JAYAKUMAR FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 09/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- C.R.P.No. 124 of 2010 --------------------------------------- Dated this 09th day of June, 2010 ORDER Petitioner is judgment debtor in E.P.No.4 of 2005 in O.S.No.45 of 2002 of the court of learned Sub Judge, Attingal. He challenges order dated 17-02-2010 issuing warrant to him. Learned counsel for petitioner contends that warrant for arrest has been issued without taking any evidence regarding means of petitioner. 2. It is seen that executing court passed the following order: “Heard. Issue warrant against the judgment debtor” It is not shown that evidence was recorded and if at all evidence was recorded that evidence was considered by the executing court before the impugned order was passed. The decree holder has to prove the means. That has not been done. In the circumstance impugned order cannot be sustained and is liable to be set aside. Resultantly this petition is allowed and the order dated 17-02- 2010 in E.P.No.4 of 2005 in O.S.No.45 of 2002 of the court of learned Sub Judge, Attingal is set aside. It will be open to the respondent/decree holder to adduce evidence regarding means of petitioner and seek appropriate orders as provided under law. (THOMAS P JOSEPH, JUDGE) Sbna/-