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2015 Supreme(Ker) 513

K.T.SANKARAN
P. M. MUZAMMIL – Appellant
Versus
CANARA BANK WITH HEAD OFFICE AT BANGALORE – Respondent


Advocates:
Advocate Appeared:
SRI. JACOB ABRAHAM
SRI. M. GOPIKRISHNAN NAMBIAR, SRI. P. GOPINATH

Order

The judgment debtor is the revision petitioner. He challenges the order passed by the executing court ordering his arrest and detention.

2. As per the decree, the respondent/decree holder is entitled to realise a total sum of 5,21,115/- with interest. The decree holder filed the Execution Petition to realise the decree amount by arrest and detention of the judgment debtor. The judgment debtor pleaded no means. On behalf of the decree holder, PW1, the Bank Manager, was examined and Exhibit A1 was marked. The judgment debtor was examined as RW1.

3. It has come out in evidence that the judgment debtor owns a house very near to the Mofusil bus stand, Kozhikode in an extent of 8 cents of land. He is the proprietor of M/s. Slippers Agencies Maza, Puthiyara, Kozhikode-4, and that is the address shown in the revision petition as well. According to the judgment debtor, he is having some agency business and he gets only 10,000/- per month from the business. He has not produced any accounts of his business. The judgment debtor contended that 10,000/- is required for his livelihood. The court below took note of the fact that the judgment debtor is having a house in the heart of Kozhikode to










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