Kerala High Court
Gopinathan vs Sreejaya on 21 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
OP(C) NO. 1053 OF 2024
AGAINST THE ORDER DATED 05.04.2024 IN EP NO.369 OF 2017 OF
ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,
THIRUVANANTHAPURAM
PETITIONER/JUDGMENT DEBTOR:
GOPINATHAN
AGED 78 YEARS, S/O SIVARAMAN, TC 43/1471(1), MAYOOR
MANZIL, MUTTATHARA, VALLAKADAVU.P.O.,
THIRUVANANTHAPURAM, NOW RESIDING AT FLAT NO. 27933,
PADIPPURA AYODHYA NAGAR, MANIKANDESWARAM.P.O.,
THIRUVANANTHAPURAM, PIN - 695013
BY ADVS. R.HARIKRISHNAN (H-308) G.SUDHEER SMRITHI S.S.
RESPONDENT/DECREE HOLDER:
SREEJAYA
W/O. MOHANAN NAIR, ASHA BHAVAN, KALLUVAKONAM,
ANAD MURI, PERINGAMALA VILLAGE, NEDUMANGADU TALUK,
THIRUVANANTHAPURAM, PIN - 695042
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.05.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) 1053/2024
-2-
JUDGMENT
(Dated this the 21st day of May 2024)
This Original Petition has been filed challenging Ext.P9 order.
2. The petitioner is the judgment debtor. The respondent is
the decree holder. The Execution Petition has been filed to execute
the money decree. Initially, Ext.P7 order was passed by the
Execution Court, whereby, warrant was issued against the judgment
debtor. That order was challenged before this Court. This Court, as
per Ext.P8 order, set aside Ext.P7 order and gave a direction to the
Execution Court to decide the question of means once again, after
giving an opportunity to both sides to adduce evidence. Thereafter,
both sides adduced evidence. The Execution Court found that the
judgment debtor has the means to pay the amount, and accordingly,
warrant of arrest was issued. It is challenging the said order, the
judgment debtor has approached this Court.
3. I have heard the learned counsel for the petitioner.
4. The learned counsel for the petitioner/judgment debtor
OP(C) 1053/2024
submits that the judgment debtor is a senior citizen aged 77 years,
and he has no income. However, the evidence on record would
show that the decree holder has succeeded in proving that the
judgment debtor has sufficient income to pay the decree debt. The
decree holder gave evidence that the judgment debtor is doing the
timber business and also, he has income from properties. There is
nothing to disbelieve the said testimony. There is no illegality or
impropriety in the order.
The original petition is accordingly dismissed.
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
JS
OP(C) 1053/2024
APPENDIX OF OP(C) 1053/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE DECREE IN OS NO. 91/2008 ON THE FILE OF
SUB COURT, NEDUMANGADU DATED 16/12/2009
Exhibit P2 COPY OF THE EP NO. 369/2017 ON THE FILE OF SUB
COURT, THIRUVANANTHAPURAM
Exhibit P3 COPY OF THE AFFIDAVIT FILED BY THE
RESPONDENT/DECREE HOLDER IN EP NO. 369 OF 2017 ON
THE FILE OF SUB COURT, THIRUVANANTHAPURAM DATED
30.9.2019
Exhibit P4 COPY OF THE OBJECTION FILED BY PETITIONER IN EP
369/2017 IN OS 91/2008 DATED 7.2.2020
Exhibit P5 COPY OF THE CHIEF AFFIDAVIT AND DEPOSITION OF THE
RESPONDENT IN EP NO. 369 OF 2017 IN OS NO. 91 OF
2008 DATED 18.8.2023
Exhibit P6 COPY OF THE PETITION FILED BY THE
PETITIONER/JUDGMENT DEBTOR IN EP NO. 369 OF 2017 IN
OS NO. 91 OF 2008 TO ACCEPT DOCUMENTS ALONG WITH
THE COPIES OF SAID DOCUMENTS DATED 03.03.2023
Exhibit P7 COPY OF THE ORDER DATED 3.11.2023 IN EP NO.
369/2017 IN OS NO. 91/2008 ON THE FILE OF THE SUB
COURT, THIRUVANANTHAPURAM
Exhibit P8 COPY OF THE JUDGMENT IN OP(C) NO 2596 /2023 DT
30.1.2024 OF THIS HON'BLE COURT
Exhibit P9 COPY OF THE ORDER IN EP NO 369/ 2017 IN OS NO.
91/2008 DT 5.4.2024 OF SUB COURT,
THIRUVANANTHAPURAM
