Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Davis Mangan vs Joy

High Court Of Kerala|05 June, 2014
|

JUDGMENT / ORDER

The plea of no means raised by the revision petitioner/judgment debtor has been turned down by the Court below by the order impugned. The Court below has come to a finding of fact that the judgment debtor is conducting a tailoring and readymade shop and is also the owner of a Car and a Motorcycle.
2. The Court below has believed the evidence of the decree holder that the judgment debtor is earning a sum of Rs. 20,000/- from his business every month. The judgment debtor has on the other hand refused to mount the box and lead any contra evidence. The finding of the Court below that the judgment debtor has the means to pay and is willfully evading payment calls for no interference.
3. I however permit the revision petitioner/judgment debtor to pay the decree debt in ten equal monthly instalments starting from 01.07.2014. The petitioner shall not be arrested and detained in civil prison if the instalments are paid in time. The petitioner can be arrested and detained in civil prison if any C.R.P. No. 350 of 2014 2 one of the instalments are defaulted.
4. The respondent/decree holder is at liberty to apply for review of this judgment if aggrieved by the instalment facility granted.
The Civil Revision Petition is dismissed.
DCS V.CHITAMBARESH JUDGE
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Davis Mangan vs Joy

Court

High Court Of Kerala

JudgmentDate
05 June, 2014
Judges
  • V Chitambaresh
Advocates
  • M Anil Kumar
  • Smt Preethi K Purushothaman
  • Sri
  • K Amar Ragh