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1978 Supreme(Ker) 183

P.JANAKI AMMA
MATHAI – Appellant
Versus
KURIAN – Respondent


Judgment :-

1. The judgment-debtor in a decree for realisation of money is the revision petitioner. Execution was sought for realisation of the decree amount both by sale of the petitioner's properties and by arrest and detention of the petitioner after notice under Order XXI R.37 CPC. The petitioner did not appear in court on issue of notice. On 28 5 74, the Court entered a finding on the basis of an affidavit filed by the decree¬holder-respondent that the petitioner is possessed of means to pay the decree debt and that he neglected to pay the same. The court issued warrant for the arrest of the petitioner. The petitioner moved for withdrawal of the arrest warrant and filed objection to the execution petition. The case was being adjourned for enquiry. While so, the petitioner paid some amount towards the decree debt. For some time, there was stay of execution under Act 30 of 1975. After the promulgation of Ordinance 1 of 1977, an application was filed by the petitioner for relief under that Ordinance. It was, however, dismissed. The decree-holder thereafter moved for the issue of warrant. The court passed the following order on 9th September, 1977.

"In this E.P. the decree-holder s













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