K.Jayarajan vs The Kannur District Co Operative ...
2021 Latest Caselaw 3256 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

   FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                      OP(C).No.1727 OF 2020

  AGAINST THE ORDER DATED 10.03.2020 IN E.P.NO.148/2015 IN
       A.R.C.NO.604/2014 OF MUNSIFF COURT, PAYYANNUR


PETITIONER:

               K.JAYARAJAN,
               AGED 55 YEARS,
               S/O RAMAN,
               S.S. TEMPLE ROAD, PAYYANNUR,
               KANNUR DISTRICT.

               BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI

RESPONDENTS:

      1        THE KANNUR DISTRICT CO OPERATIVE BANK LTD.,
               PAYYANNUR EVENING BRANCH, REPRESENTED BY ITS
               MANAGER, PAYYANNUR P O, KANNUR DISTRICT,
               PIN-670308.

      2        A M P ABDUL SALAM,
               S/O SULAIMAN HAJI,
               NOOR MAHAL,
               VADAKKUMBAD,
               RAMANTHALI P O,
               KANNUR DISTRICT-670308.


     THIS  OP  (CIVIL)      HAVING     BEEN   FINALLY  HEARD ON
29.01.2021, THE COURT       ON THE     SAME   DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.1727/2020

                                         -:2:-




                      Dated this the 29th day of January,2021

                                  J U D G M E N T

First judgment debtor in E.P.No.148/2015

challenges the impugned verdict dated 10.03.2020

passed by Munsiff Court, Payyanur ordering

committal of him to civil prison on his failure to

pay the decree amount with interest.

2. The respondent/decree holder obtained an

award in A.R.C.No.604/2014 and sought to execute

it before the court below contending that the

petitioner has got sufficient means to pay the

decree debt; but he has neglected to pay the

amount without any justifiable reason whatsoever.

3. An enquiry under Order XXI Rule 40 of the

Code of Civil Procedure, 1908 was held and the

court below on the basis of evidence and materials

on record found that petitioner is a person of

means and his refusal to pay the amount was

without any justification.

4. The first respondent/decree holder did

not appear in the proceeding before this Court,

despite service of notice on it.

O.P.(C)No.1727/2020

5. Looking at the impugned order, I find

that the evidence given by petitioner was

appreciated in right perspective. He is a

Goldsmith by profession and is stated to be

earning rent also from a building which was let

out in the local town. His wife is an Appraiser

earning substantial monthly income. Further, the

petitioner is an able bodied person who can earn

substantially from other sources also. On a

reconsideration of the evidence on record, I am

satisfied that there is no reasonable ground made

out for interference with the impugned order.

6. The learned counsel for the petitioner

submitted that at least a minimum period of six

months may be required for raising the fund and

discharging the amount due to the first

respondent/decree holder.

7. Having heard the learned counsel for the

petitioner, I am of the opinion that the demand

made is rather not reasonable and it will be

enough if the petitioner is allowed three months

time to discharge the entire decree amount from

the date of receipt of a certified copy of this

judgment.

O.P.(C)No.1727/2020

In the result, original petition fails and it

is dismissed, subject to what is observed above.

It is directed that the court below shall hold the

execution proceedings in E.P.No.148/2015 for the

aforesaid period of three months only as made

clear above.

All pending interlocutory applications will

stand closed.

Sd/-

                                     T.V.ANILKUMAR,JUDGE

DST                                                       //True copy/

                                                         P.A.To Judge
 O.P.(C)No.1727/2020






                         APPENDIX
PETITIONER'S EXHIBITS:



EXHIBIT P1            TRUE COPY OF THE EP 148/2015.

EXHIBIT P2            TRUE COPY OF THE CHIEF AFFIDAVIT AND
                      DEPOSITION.

EXHIBIT P3            TRUE COPY OF THE ORDER DATED
                      10.03.2020.


RESPONDENTS' EXHIBITS: NIL