IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 14^TH DAY OF JUNE 2024 / 24TH JYAISHTA, 1946 OP(C) NO. 498 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 09.02.2024 IN EP NO.23 OF 2023 OS NO.149 OF 2019 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,KOTTARAKKARA PETITIONER/JUDGMENT DEBTOR/3RD DEFENDENT:

ANIL KUMAR AGED 55 YEARS S/O APPUKUTTAN NAIR(PROPRITOR, GAGO CONVENTION CENTRE)

BHAGAVATHI VILASATHU VEEDU, ALTHARAMOODU, KADAKKAL,P.O.

KOLLAM., PIN - 691536 BY ADV ROY CHACKO RESPONDENT/DECREE HOLDER/PLAINTIFF:

IBRAHIMKUTTY V.K.

AGED 51 YEARS S/O KUNJAPPA , VALIYAVILA VEEDU, KUNJUVAYAL, BHARATHIPURAM ,P.O. KOLLAM DISTRICT, REP. BY POWER OF ATTORNY HOLDER , SHANAVAS.M. S/O MOHAMMED HANEEFA, KUNNUMPURATHU VEEDU, NELLIMOODU, KULATHUPUZHA, KOLLAM.

PIN - 691312 BY ADVS.

MANU VYASAN PETER P.B.KRISHNAN (SR.)(K/1193/1994)

P.B.SUBRAMANYAN(K/1145/2009)

SABU GEORGE(K/000711/1998)

B.ANUSREE(K/000951/2016)

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

14.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

This original petition has been filed challenging Ext.P6 order passed by the Sub Court Kottarakkara.

2. The petitioner is the judgment debtor and the respondent is the decree holder. The execution petition has been filed to execute a money decree. The execution court issued notice under Order 21 Rule 37 of the Code of Civil Procedure (for short 'the CPC') to the judgment debtor and directed him to appear before the execution court on 27.02.2024. It is at that juncture, the petitioner has approached this Court.

3. The judgment debtor can very well appear either in person or through his counsel before the execution court and show cause why he should not be committed to the civil prison. Needless to say, all the contentions taken by the judgment debtor shall be taken note of by the execution court before passing any order of detention.

The original petition is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE Anu APPENDIX OF OP(C) 498/2024 PETITIONER/JUDGMENT DEBTOR/3RD DEFENDENT EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED

08.04.2022 IN 0.S.NO.149/2019 ON THE FILE OF THE 2ND ADDITIONAL SUB COURT, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF THE E.P.NO.23/2023 IN O.S.

149/19,ON THE FILE OF THE S.C,THIRUVANANTHAPURAM,DATED 25.07.2023 Exhibit P2(a) TRUE COPY OF THE AFFIDAVIT FILED BY THE POWER OF ATTORNEY HOLDER, DATED

25.07.2023 .

Exhibit P3 TRUE COPY OF THE BALANCE STATEMENT FILED BY THE RESPONDENT/DECREE HOLDER IN E.P.NO.23/2023 IN O.S. 149/19,ON THE FILE OF THE S.C,KOTTARAKKARA,DATED

20.9.2023.

Exhibit P4 TRUE COPY OF THE OBJECTION IN E.P.NO.23/2023 IN O.S. 149/19,ON THE FILE OF THE S.C,KOTTARAKKARA, DATED

18.08.2023 Exhibit P5 TRUE COPY OF THE PROCEEDINGS IN E.P.

23/23 IN THE COURT OF S.C.KOTTARAKKARA, DATED 23.01.2024 AS TAKEN FROM THE E-

COURTS SERVICES WEBSITE.

Exhibit P6 TRUE COPY OF THE ORDER IN E.P. 23/23 IN THE COURT OF S.C.KOTTARAKKARA, DATED

09.02.2024 .

RESPONDENT/DECREE HOLDER/PLAINTIFF EXHIBITS Exhibit R1(a) True copy of the Balance Statement dated 01.12.2023 filed in E.P No. 23 of 2023 on the file of the Sub Court, Kottarakkara Exhibit R1(b) True copy of the Affidavit dated

09.02.2024 filed in E.P No. 23 of 2023 on the file of the Sub Court, Kottarakkara