Kerala High Court
Surendran vs Bhasura Chit Funds Pvt. Ltd on 20 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
OP(C) NO. 644 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 05.08.2023 IN EP 2439 OF
2015 IN OS NO.2236 OF 2004 OF III ADDITIONAL MUNSIFF
COURT ,THRISSUR
PETITIONER/JUDGMENT DEBTOR NO.1:
SURENDRAN
AGED 68 YEARS
S/O.CHEMBANADATH KRISHNAN, CHEMBUKAVU VILLAGE,
KIZHAKUMPATTUKARA DESOM, THRISSUR DISTRICT, PIN -
680005
BY ADVS.
SUMODH MADHAVAN NAIR
SYLVESTER ESMOND RAPHAEL
RESPONDENT/DECREE HOLDER:
BHASURA CHIT FUNDS PVT. LTD.
COCHIN DEVASWOM BOARD BUILDING, KARUNAKARAN
NAMBIAR ROAD, PATTURAIKKAL, THRISSUR, KERALA, PIN
- 680020
BY ADVS.
ANIRUDH KADAVIL
K.V.ANIL(K/000230/1980)
M.J.RAJASREE(K/330/1994)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C).No 644 of 2024
2
JUDGMENT
This Original Petition has been filed challenging Ext.P8
order passed by the III Additional Munsiff Court, Thrissur
issuing arrest warrant to the judgment debtor No.1.
2. Initially this Court granted a stay. On 08.04.2024, this
court passed an order extending the stay on condition that
the petitioner shall deposit a sum of Rs.50,000/- (Rupees Fifty
Thousand only) towards the decree debt within a period of
three weeks.
3. The learned counsel for the respondent/decree holder
is present today. He submitted that the said order has not
been complied with. There is no representation for the
petitioner/judgment debtor No.1.
I have heard the learned counsel for the decree holder.
The execution Court on evaluation of the evidence of the
decree holder found that the judgment debtor No.1 has
means to pay the decree debt. On the side of the decree
holder, Ext.A1 was produced to show that the judgment
debtor No.1 has sold his property. As against the evidence of
O.P.(C).No 644 of 2024
the decree holder, no counter evidence has been adduced by
the judgment debtor. I see no illegality or impropriety in the
impugned order. Accordingly this Original Petition is
dismissed.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
Mms
O.P.(C).No 644 of 2024
APPENDIX OF OP(C) 644/2024
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGMENT DATED
20.06.2007 IN O.S.NO.2236/2004 DELIVERED
BY THE SECOND ADDITIONAL MUNSIFF COURT,
THRISSUR
Exhibit P2 A TRUE COPY OF THE DECREE DATED
20.06.2007 IN O.S.NO.2236/2004 DELIVERED
BY THE SECOND ADDITIONAL MUNSIFF COURT,
THRISUR
Exhibit P3 A TRUE COPY OF THE EXECUTION PETITION
NUMBERED AS E.P.NO.2439/2015 IN
O.S.NO.2236/2004 PREFERRED BEFORE THE
MUNSIFF COURT, THRISSUR BY THE RESPONDENT
(DECREE HOLDER)
Exhibit P4 A TRUE COPY OF THE OBJECTION PREFERRED BY
THE PETITIONER (1ST JUDGMENT DEBTOR) IN
E.P.NO.2439/2015 IN O.S.NO.2236/2004
DATED 22.06.2016
Exhibit P5 A TRUE COPY OF PETITION PREFERRED BY THE
RESPONDENT HEREIN UNDER ORDER 21 RULE 41
CPCP DATED 04.10.2018 AND NUMBERED AS
Exhibit P6 A TRUE COPY OF THE OBJECTION DATED
03.02.2022 PREFERRED BY THE PETITIONER
AGAINST EXT.P5 APPLICATION
Exhibit P7 A TRUE COPY OF THE PROOF AFFIDAVIT DATED
18.10.2022 PREFERRED BY THE RESPONDENT
HEREIN IN E.P.NO.2439/2015 IN
Exhibit P8 A TRUE COPY OF THE ORDER IN
E.P.NO.2439/2015 IN O.S.NO.2236/2004
DATED 05.08.2023 AND PASSED BY THE THIRD
ADDITIONAL MUNSIFF COURT, THRISSUR
Exhibit P9 A TRUE COPY OF THE SALE WARRANT IN
E.P.NO.43 IN O.S.NO.956/2002 EVIDENCING
SALE ON 26.02.2007 WITH RESPECT TO
PROPERTY HAVING AN EXTENT OF 10 CENT
PREFERRED BEFORE THE SECOND ADDITIONAL
SUB COURT, THRISSUR DATED 26.02.2007
Exhibit P10 A TRUE COPY OF THE DELIVERY REPORT IN
E.A.NO.1445/07 IN E.P.NO.432/05 IN
O.S.NO.956/02 BEFORE THE SECOND
O.P.(C).No 644 of 2024
ADDITIONAL SUB COURT, THRISSUR DATED
23.11.2022
