Madhusoodhanan vs K.P. Sasidharan

Harun-Ul-Rashid, J.—The order under challenge in this writ petition is the order passed by the execution court in E.P. 327/2006 in O.S. 223/2005 on the file of the Munsiff Court, Palakkad directing arrest and detention of the judgment debtor. The execution court considered the plea of no means raised by the petitioner/ judgment debtor. After examining the matter in detail the execution court held that the respondent/decree holder was able to prove that the petitioner/judgment debtor has sufficient means to pay off the decree debt. In the light of the oral and documentary evidence adduced by both sides, the execution court held that it cannot accept the plea of no means. The execution court after satisfying that the petitioner / judgment debtor has means to pay off the decree debt, allowed the prayer of the respondent/decree holder for realisation of the decree debt by arrest and detention of the petitioner/judgment debtor in Civil Prison. The said order was passed after examining the contentions raised by both parties and the evidence on record. I find no reason to interfere with the order passed by the execution court. This writ petition stands dismissed.