IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN WEDNESDAY, THE 5^TH DAY OF JULY 2023 / 14TH ASHADHA, 1945 OP(C) NO. 784 OF 2023 AGAINST THE ORDER DATED 21.12.2022 IN E.P.NO.197/2016 IN O.S.NO.307/2013 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM PETITIONER/JUDGMENT DEBTOR:

DIPIN, AGED 32 YEARS, S/O. DASAN, PULPARA HOUSE, NEAR SNDP TEMPLE, PANANGAD. P.O., ERNAKULAM – 682 506 BY ADVS.

ABDUL JALEEL.A M.A.SULFIA RESPONDENT/DECREE HOLDER:

ARUN, AGED 35 YEARS, S/O. MUKUNDAN, SMITHA BHAVAN @ CHERIYAPARAMBIL, KANJOOR DESOM, VADAKUMBHAGAOM VILLAGE, ALUVA TALUK, ERNAKULAM- 683 111 BY ADVS.

C.DILIP JIJO JOSEPH VINCENT K.D.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The judgment debtor came up aggrieved by the issuance of warrant of arrest on two reasons. The first prayer in the execution petition is to attach & recover the vehicle involved in the issue and to sell the same. If any balance is found to be due after sale, to initiate coercive steps against the judgment debtor for its recovery by arrest and detention. In fact, at the execution stage, proceedings were taken to seize the vehicle, but it did not serve the purpose as the vehicle was not detected. The Amin submitted a report in that behalf. At the time when the matter came up for hearing, the learned counsel for the judgment debtor fairly submitted that though he is the registered owner of the vehicle, he is not in custody of the vehicle. This would tell what is behind it. Strange enough, to the show cause notice under Rule 37, no reply was submitted and no explanation was forwarded. As such, the execution court acted upon the proof afÏdavit submitted by the decree-holder in the absence of a counter by way of proper explanation. Necessarily, the present O.P. is a misuse of the process of this Court and liable to be dismissed with a direction to the execution court to proceed with the coercive steps, for which the decree-holder shall appear before the trial court on

18/07/2023. The O.P (C) will stand dismissed.

Sd/-

P.SOMARAJAN JUDGE rkr/05/7 APPENDIX OF OP(C) 784/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF EXECUTION PETITION N0.197/2016 IN O.S. NO.307/2013 OF THE MUNSIFF COURT, ERNAKULAM DATED 31-3-2016 Exhibit P2 THE TRUE COPY OF THE OBJECTION TO EXECUTION PETITION NO. 197/2016 IN O.S. NO.307/2013 OF THE MUNSIFF COURT, ERNAKULAM DATED 10-9-2018 Exhibit P3 TRUE COMPUTER COPY OF THE ECOURTS SERVICES PROCEEDINGS DATED 30.05.2019 IS IN EP 197/2016 Exhibit P4 TRUE COMPUTER COPY OF THE ECOURTS SERVICES PROCEEDINGS DATED 14.08.2019 IN EP 197/2016 Exhibit P5 THE CERTIFIED COPY OF THE ORDER DATED 21.12.2022 IN E.P. NO. 197/2016 IN O.S. NO. 307/2013 OF HONBLE PRINCIPAL MUNSIFF' COURT, ERNAKULAM RESPONDENT EXHIBITS NIL TRUE COPY P.A.TO JUDGE