THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.1035 of 2008 Dated 24th June, 2010 Between:
Mohammad Razak S/o Mohd. Ankus …Petitioner And V.Kulanji W/o V.Munuswamy and others … Respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO C.R.P.No.1035 of 2008
ORDER:
Heard the learned counsel on both sides.
The petitioner who is a judgment debtor, by way of this revision under Section 115 of the Code of Civil Procedure, seeks to assail the order of arrest in an execution laid in pursuance of the decree obtained by the respondent decree-holder for recovery of money since no amounts are forthcoming in pursuance of the said decree.
The Court below after holding a regular enquiry, where both sides let in evidence and after a categorical finding that in spite of sufficient means the petitioner is not discharging his liability ordered for arrest of the petitioner. Hence this revision.
This Court at the time of admission granted interim order on 7th March 2008 subject to condition that the petitioner deposits 1/4th of the decreetal amount. In view of the same, and especially, in view of the finding of fact which has been arrived at by the Court below, it cannot be interdicted in any manner and especially in exercise of jurisdiction under Section 115 of the Code of Civil Procedure. I do not find any merits to interfere with the revision.
The revision is accordingly dismissed. However, the petitioner is permitted to deposit the balance E.P., amount within a period of eight (8) weeks from today. No costs.
Date:24th June, 2010 (B.PRAKASH RAO,J) grk