TRANS INDIA CONSTRUCTIONS AND SATISH NAIR PROPRIETOR Vs. ASWANI KUMAR, KARUNAKARAN NAIR AND SHEELA RANI, ASWANI KUMAR

JUDGEMENT

(1.) Petitioners challenge the order dated July 06, 2011 on E.A. No. 249 of 2011 in O.S. No. 212 of 2008 of the court of learned Additional Sub Judge-I, Thiruvananthapuram. Respondents obtained a decree for recovery of money against Petitioners and sought personal execution against second Petitioner. Executing court found means for second Petitioner and issued warrant of arrest. According to the second Petitioner, he learned about the ex parte judgment and decree only when the Amin attempted to arrest him. It is contended that Petitioners made certain payments to the Respondents and filed E.A. No. 249 of 2011 to recall the warrant of arrest against second Petitioner. That application was dismissed by the executing court as per the impugned order observing that though Petitioners were directed to pay substantial amount, only Two lakhs rupees was paid and hence there is No. reason to recall the warrant. That order is under challenge. Learned Counsel submitted that the decree itself was passed ex parte without summons or information to the Petitioners. It is also pointed out that Petitioners have valid contentions to be raised on the trial side. I have heard learned Counsel for Respondents as well. Learned Counsel stated that only Rupees Three lakhs was paid to the Respondents.

(2.) Now I am concerned with the question whether executing court was right in dismissing E.A. No. 249 of 2011. Having regard to the circumstances stated before me I am inclined to grant some time to the Petitioners pay the balance amount due (without prejudice to the contentions if any that Petitioners may urge on the trail side).