HIGH COURT OF KERALA
Kauser Edappagath, J
ELDO K.I. – Appellant
Versus
ARUN A.S. – Respondent
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
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