Kerala High Court
Siby Abraham vs Vadakkemuriyil Finance Company ... on 5 April, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
OP(C) NO. 656 OF 2024
ORDER DATED 21.12.2023 IN EP 17/2020 IN OS NO.43 OF 2016 OF
MUNSIFF COURT,KATTAPPANA
PETITIONER/JUDGMENT DEBTOR NO.1:
SIBY ABRAHAM, AGED 55 YEARS
S/O. ABRAHAM, VALYARA HOUSE, ANAKKARA KARA,
ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, PIN - 685554
BY ADVS.LIJI.J.VADAKEDOM
ATHUL V. VADAKKEDOM
RESPONDENTS/DECREE HOLDER & JUDGMENT DEBTOR NO.2:
1 VADAKKEMURIYIL FINANCE COMPANY (INDIA) PRIVATE
LTD.,ANAKKARA BRANCH IN ANAKKARA VILLAGE,
REPRESENTED BY ITS MANAGING DIRECTOR, ANU T
GEORGE, AGED 55 YEARS, S/O. GEORGE VARGHESE,
VADAKKEMURIYIL HOUSE, KURIYANNOOR KARA,
THOTTASSERY VILLAGE, PATHANAMTHITTA, PIN - 689550
2 SHYLA SIBY, AGED 42 YEARS, W/O. SIBY ABRAHAM,
VALYARA HOUSE, ANAKKARA KARA, ANAKKARA VILLAGE,
UDUMBANCHOLA TALUK, IDUKKI, PIN - 685554
BY ADVS.JACOB P. ALEX
JOSEPH P.ALEX(K/1-C/2002), AMAL AMIR
ALI(K/000773/2019), MANU SANKAR P.(K/000823/2018)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No.656/2024
-:2:-
JUDGMENT
Ext.P5 order issuing arrest warrant ordered against the judgment debtor No.1/petitioner herein in the execution proceedings is under challenge in this original petition.
2. Heard both sides.
3. The trial court, after evaluating the evidence found that the petitioner has means to pay the amount. On a re-appreciation of evidence, I find no reason to upset the finding of the trial court.
4. The learned counsel for the petitioner submits that the petitioner may be allowed to pay the decree debt in instalments.
Having heard both sides, this original petition is disposed of as follows:
The petitioner shall pay a sum of ₹25,000/- to the decree holder, within one month from today. The balance due shall be paid in 12 equal monthly instalments starting from 1.6.2024. If the petitioner makes default of any of the instalments, the trial court shall issue fresh arrest warrant. The arrest warrant issued pursuant to the impugned order shall be kept in abeyance for the time being.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE kp O.P.(C).No.656/2024 -:3:- APPENDIX OF OP(C) 656/2024 PETITIONER EXHIBITS Exhibit P1 THE COPY OF THE APPLICATION FOR EXECUTION OF DECREE DATED 16/3/2020 E.P. NO. 17/2020 IN O.S. NO. 43/16 BEFORE THE MUNSIFF COURT, KATTAPPANA Exhibit P2 THE COPY OF THE OBJECTION FILED BY THE JUDGMENT DEBTORS IN E.P. NO. 17/2020 IN O.S. NO. 43/16 BEFORE THE MUNSIFF COURT, KATTAPPANA Exhibit P3 THE COPY OF THE PROOF AFFIDAVIT ALONG WITH THE EVIDENCE RECORDED BY THE WITNESS OF THE DECREE HOLDER IN E.P. NO. 17/2020 BEFORE THE MUNSIFF COURT, KATTAPPANA Exhibit P4 THE COPY OF THE PROOF AFFIDAVIT ALONG WITH THE EVIDENCE RECORDED BY THE WITNESS OF THE JUDGMENT DEBTOR IN E.P. NO. 17/2020 BEFORE THE MUNSIFF COURT, KATTAPPANA Exhibit P5 THE COPY OF THE ORDER DATED 21.12.2023 IN E.P. NO. 17/2020 IN O.S. NO.43/2016 BEFORE THE MUNSIFF COURT, KATTAPPANA