The petitioner, who is the respondent in the execution proceedings in E.P.No.199 of 2005 in O.S.No.49 of 2004, has filed the present Civil Revision petition against the order dated 09.10.2006 passed in E.P.No.199 of 2005 by the Principal District Munsif, Nagercoil.
2.It is seen that the respondent / plaintiff has obtained money decree and inasmuch as the petitioner did not comply with the said decree. It is seen that the respondent has initiated execution proceedings under Order 21 Rule 11 A, 37, 38, 40, 51, 55 and Section 151 of the Civil Procedure Code. It is the case of the respondent / plaintiff that the petitioner though having sufficient funds and also being a member of the Panchayat Union, deliberately with a view to drag on the case has not taken effective steps to settle the decreetal amount, hence, he is liable to be proceeded further in the execution proceedings.
3.The respondent / plaintiff in the execution proceedings has tendered evidence as P.W.1 and also marked exhibit as Ex.P.1 and no oral and documentary evidence has been adduced on the side of the petitioner/respondent.
4.Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the materials on record.
5.The learned counsel for the petitioner relied on the decisions reported in AIR 2004 Madras 78 (D.Samraj @ Newraj Vs. K.N.Nagarajan) and 1988(1) L.W.9 (Nandagopal Gounder Vs. Kannan) to substantiate his contentions.
6.The Court below on the basis of the rival contentions made on either side and also considering the materials adduced found that the respondent / plaintiff has clearly established the fact that the petitioner herein is a member of the Panchayat Union and having sufficient ways and means, it is thus found by the Court below that despite having sufficient ways and means, the petitioner herein has deliberately and willfully evaded the payment and hence, in the execution proceedings, the Court below, by considering the materials adduced by the respondent herein, also finding that as the petitioner herein has not adduced any evidence controverting the same, further held that the petitioner herein has clearly admitted his status as a member of the Panchayat Union and therefore, petitioner is having sufficient ways and means to settle the decretal amount but willfully evading the payment. Therefore, it is found that the Court below has rightly allowed the execution petition. Hence, the impugned order passed in E.P.No.199 of 2005 does not warrant any interference by this Court.
7.In the result, this Civil Revision Petition is dismissed. No costs.
To The Principal District Munif, Nagercoil.
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