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2016 Supreme(Ker) 952

SATHISH NINAN
Sulaiman Kunju – Appellant
Versus
Dinesh Lal – Respondent


Advocates Appeared:
For the Petitioner: Sri. A. Shafeek (Kayamkulam)
For the Respondent: Sri. S. Shaji

JUDGMENT :

Sathish Ninan, J.

The original petition is filed challenging Ext.P2 order dated 26.08.2016 in E.P No. 3 of 2016 in O.S No. 480 of 2012 on the files of the Subordinate Judge's Court, Karunagappally. The judgment debtor is the petitioner in the original petition. The decree in O.S No. 480 of 2012 is one for realisation of 1,53,000/- with interest at the rate of 8% on the principal amount from the date of judgment till realisation. The execution petition was filed for realisation of the decree debt by arrest and detention of the judgment debtor as provided for under Section 51(c) of the Code of Civil Procedure (for short 'C.P.C').

2. Notice was issued to the judgment debtor on the execution petition under Order 21, Rule 37 C.P.C. The judgment debtor entered appearance and filed objections. Evidence was taken in the execution petition. On the side of the decree holder PWs 1 and 2 were examined and on the side of the judgment debtor DWs 1 and 2 were examined and Exts.B1 to B8 were marked. The execution court after considering the evidence, entered a finding that the judgment debtor has sufficient means to wipe off the decree debt and that the non-payment is wilful.

3. The judgmen
















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