BASHEER v. SUDDHA
Case at a glance
Outcome
Disposed of
The writ petition is disposed of as above
Provisions considered
- Constitution of India art. 227
Judgment
Operative part
P.Q. BARKATH ALI, JJ.=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=W.P.(C) No. 25425 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=Dated this the 24th September, 2009JUDGMENT This writ petition is filed under section 227 of the Constitution of India by the judgment debtor in E.P.No.181 of 2007 in O.S. No.1160 of2001 on the file of the Munsiff's Court, Chavakkad seeking to set asideExt.P3 order.2. The respondent/decree holder filed O.S. No.1160 of 2001 before the Munsiff's Court, Chavakkad for realisation of money from the defendant, which was decreed. She filed Execution Petition for arrest and detention of the petitioner. The Execution Court by order dated 17-7-2008ordered arrest and detention of the petitioner. Since the petitioner has no means to pay the decree debt, he has approached this Court for setting aside Ext.P3 order. 3. On going through Ext.P3 order, it is seen that the decree holder did not produce any document to prove the means of the petitioner. She was examined as PW1 before the Executing Court. She deposed that the judgment debtor has purchased land, but no document is seen produced by her to prove the same. That being so, the finding of the court below that the petitioner has means to pay the decree debt is liable to be set aside. WPC 25425/08 24. Hence, Ext.P3 is set aside and the matter is remitted back to the Executing Court to adjudicate upon the question whether judgment debtor has means to pay the decree debt. The petitioner and the respondent are at liberty to adduce further evidence, if any, before the Executing Court. Thisbeing a suit of 2001, the court below is directed to dispose of the matter as early as possible, at any rate within three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. P.Q. BARKATH ALI, JUDGE mn
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is disposed of as above
Which statutory provisions did this judgment involve?
Constitution of India — art. 227.
Which court decided this case, and when?
Kerala High Court, on 24 Sep 2009. The bench was P Q BARKATH ALI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.