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2018 Supreme(Ker) 451

C.K.ABDUL REHIM, R.NARAYANA PISHARADI
Leelakumari – Appellant
Versus
Shikha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. K.G. Cleetus, Sri. N.V. Paul
For The Respondents: Sri. K.P. Poulose, Sri. M.R. Sasith

JUDGMENT :

R. Narayana Pisharadi, J.

Reason is the heartbeat of every conclusion. Without the same, it becomes lifeless (Raj Kishore Jha v. State of Bihar, AIR 2003 SC 4664).

2. An execution court has ordered detention of a judgment debtor aged 60 years in civil prison for a period of three months in execution of a decree for payment of money. The legality and propriety of that order is challenged in this appeal.

3. The appellant is the third respondent in O.P.No.187 of 2011 on the file of the Family Court, Kollam. It is a case filed by the first respondent herein against her husband and his parents for return of the gold ornaments belonging to her or the value of the ornaments. O.P.No.187 of 2011 was decreed on 26.08.2015 by the Family Court, Kollam allowing the first respondent to realise from them 296 grams of gold ornaments or their market value. Thereafter, the first respondent/decree holder filed E.P.No.28 of 2016 in the Family Court, Chavara for execution of the aforesaid decree by sale of the property belonging to the judgment-debtors and also by the arrest and detention of the first and the second judgment-debtors in civil prison. During the pendency of the execution proceedin






























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