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2026 Supreme(Online)(Ker) 5194

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
T.P.NOUFAL – Appellant
Versus
T.K.NANU – Respondent
OP(C) NO. 2586 OF 2024



Advocates:
For the Appellants/Petitioners: SHRI.SATHEESHAN ALAKKADAN
For the Respondents: SRI.R.SURENDRAN

Execution orders must be accompanied by detailed reasoning based on evidence presented.

Headnote:This judgment scrutinizes the order Ext.P6, whereby the execution court determined the judgment debtor's means but failed to provide a comprehensive rationale. The court found the order non-speaking despite evidence being produced. Hence, the petition is allowed, and the execution court is directed to reevaluate the matter. The outcome emphasizes the necessity for reasoned orders in execution proceedings.

Table of Content
1. challenge to execution order (Para 1)
2. non-speaking order requirement (Para 2)
3. court's directive for reconsideration (Para 3)

JUDGMENT

The challenge in the original petition is against Ext.P6 order whereby the execution court has found that the judgment debtor has sufficient means and directed to issue warrant.

2. The original petition has been pending before this Court for the past more than one year and no purpose will be served by retaining it any further. A reading of Ext.P6 would show that it is a non-speaking order and no reasons have been stated despite the fact that evidence was adduced.

3. In the above circumstances, this original petition is allowed. Ext.P6 order is set aside. The court below is directed to reconsider the issue based on the evidence which had already been adduced and pass a reasoned order.

sd/-

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