Augustine V.A vs Anthony Thomas
2023 Latest Caselaw 6689 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
       TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        OP(C) NO. 1951 OF 2022
       AGAINST THE ORDER DATED 29.06.2022 IN E.P.NO.3/2020 IN
           O.S.NO.346/2017 OF MUNSIFF COURT, CHANGANACHERRY


PETITIONERS/JUDGMENT DEBTOR/DEFENDANT:

           AUGUSTINE V.A,
           AGED 64 YEARS,
           S/O AUGUSTINE,
           VANIYAPURACKAL HOUSE,
           THURUTHI P.O.,
           VAZHAPPALLY PADINJATTUMBHAGOM VILLAGE,
           CHANGANACHERRY, KOTTAYAM DISTRICT- 686 535

           BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)


RESPONDENT/DECREE HOLDER/PLAINTIFF:

           ANTHONY THOMAS,
           AGED 73 YEARS,
           S/O ANTONY,
           THEKKEKARA HOUSE,
           CHANGANACHERRY P.O.,
           PUZHAVATHU MURI,
           CHANGANACHERRY VILLAGE,
           CHANGANACHERRY TALUK,
           KOTTAYAM DISTRICT- 686 101



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1951 OF 2022

                                        2


                                JUDGMENT

Ext.P2 is under challenge. It is an order

passed in execution by the court issuing a

warrant of arrest against the judgment-debtor

after conducting an enquiry as mandated under

Order XXI C.P.C. and found that he has means to

pay the decree amount. Admittedly, he is now

residing in a rental house. It is not explained

what is the rental value of the building,

whether it is payable annually or monthly, and

what is the source of income for the payment of

rent. This will prima facie show suppression of

relevant facts pertaining to the income. It is

also admitted that he is doing business of

stationery along with his wife after getting

license in their joint name. The income from

the said business is not stated, whispered, or

disclosed anywhere in the application. Further, OP(C) NO. 1951 OF 2022

one of his sons is employed abroad and the

other is doing a well-established business at

his native place. At the fag end of the

argument, the learned counsel for the

petitioner/judgment-debtor pressed for

permission to pay the entire amount by 10 equal

installments. It is left open for consideration

at the execution stage.

The original petition will stand dismissed

accordingly.

Sd/-

P.SOMARAJAN JUDGE rkr-20/06 OP(C) NO. 1951 OF 2022

APPENDIX OF OP(C) 1951/2022

PETITIONER EXHIBITS Exhibit P1 THE COPY OF EXECUTION PETITION NO. 3/2020 IN O.S NO. 346/2017 OF THE MUNSIFFS COURT, CHANGANACHERRY Exhibit P2 THE TRUE COPY OF ORDER IN E.P NO. 3/2020 IN O.S NO. 346/2017 OF MUNSIFFS COURT, CHANGANACHERRY DATED 29.06.2022 RESPONDENT EXHIBITS NIL

TRUE COPY P.A.TO JUDGE