Siby Abraham vs Vadakkemuriyil Finance Company ...
2024 Latest Caselaw 10017 Ker

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

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