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2024 Supreme(Online)(KER) 7524
HIGH COURT OF KERALA
Kauser Edappagath, J
ELDO K.I. – Appellant
Versus
ARUN A.S. – Respondent
OP(C) 454/2024
Sufficient financial means demonstrated by the judgment debtor justify execution measures, including arrest, in civil proceedings.
Headnote:
Execution - Arrest Warrant - Execution Proceedings - Order under Challenge - The court affirmed the execution court's determination that the judgment debtor possesses sufficient means to satisfy the decree debt, authorizing arrest and detention based on presented evidence.
Fact of the Case:
The petitioner, judgment debtor No.1, challenged an order for his arrest in execution proceedings, asserting lack of means to pay the debt, while the decree holder presented evidence of the debtor's financial capability.
Finding of the Court:
The court found substantial evidence indicating the judgment debtor had the means to pay, including testimony of property ownership and agricultural income, concluding there was no basis to overturn the execution court's order.
Issues: Whether the execution court erred in holding that the judgment debtor had sufficient means to pay the decree debt, justifying an arrest warrant.
Ratio Decidendi: The court held that the execution court's evaluation of evidence showing financial means was sound, and the absence of contrary evidence from the judgment debtor supported the order.
Final Decision: The petition was dismissed, affirming the arrest order.
Exts.P6 order issuing an arrest warrant against the judgment debtor No.1 in an execution proceedings is under challenge in this original petition.
2. The petitioner herein is the judgment debtor No.1 and the 1st respondent is the decree holder. The decree is for the execution of money. The decree is sought to be executed by arrest and detention. The petitioner pleaded no means. The execution court after evaluating the evidence on record, found that the judgment debtor No.1 has means to pay the decree debt and he was ordered to be detained in civil prison as per Ext.P6 order. It is challenging the said order, this original petition has been filed.
3. I have heard both sides.
4. The power of attorney holder of decree holder gave evidence as PW1. She deposed that judgment debtor No.1 is having agricultural operations and from the same, he has sufficient income. She has also deposed that the judgment debtor No.1 has landed property, agricultural lands, house of his own and he has an asset of more than Rs.2 crores. As against this evidence, there is no contra evidence. The judgment debtor No.1 has not even entered into the box. That apart, in E.A.No.42/2023, the judgment debtor No.1 has filed an affidavit stating that, he has 40 cents of land at Puthumana Kara in Kombanad Village and 1.12 Acres of agricultural land at Koriyelikkara. These evidence are sufficient to show that the judgment debtor No.1 has sufficient means to pay off the decree debt. The execution court found so and ordered arrest and detention of the judgment debtor No.1. I see no illegality or impropriety in the impugned order.
