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2009 Supreme(Mad) 2831

K.K.SASIDHARAN
A. Nanjundan – Appellant
Versus
Alamelu – Respondent


Advocates Appeared:
For the Petitioner:A. Bobblie, Advocate. For the Respondent: ------

Judgment :

This Civil Revision Petition is directed against the order dated 20.11.2008 in E.P.R. No.24 of 2008 on the file of the learned Subordinate Judge Nilgiris, at Udhagamandalam, whereby and whereunder order of arrest was passed against, the revision petitioner for his failure to pay the decree amount.

2. The petitioner was the defendant in O.S.No.744 of 1995 on the file of learned Subordinate Judge, Nilgiris. The said suit which was filed for a money decree was decreed as per judgment and decree dated 10. 1997 and the petitioner was directed to pay a sum of Rs.73.250/- with interest.

3. Subsequently, the respondent has filed Execution Petition in E.P.R.No.24 of 2008 before the learned Subordinate Judge, Nilgiris at Udhagamandalam to execute the decree. In the said Execution Petition, the respondent prayed for the arrest of revision petitioner as according to her, the revision petitioner was having the sufficient means to pay the decree amount and he was willfully delaying the payments.

4. The Execution Petition was contested by the revision petitioner as according to him, he was not having the means to pay the decree amount. In short, the defence was one of no means.

5. The l















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