MANOJ Vs. SREE NARAYAN SAMAJAM, REPRESENTED BY PRESIDENT,

JUDGEMENT

(1.) THE plea of no means raised by the petitioner/first judgment debtor has been turned down by the court below by the order impugned. The court below has on the basis of Exts. A1 to A3 deeds have held that the judgment debtors are possessed of substantial property. The only evidence of the decree holder was relied on to hold that the judgment debtors are partners in tile and jewellery business. The petitioner on the other hand has not chosen to mount the box and lead any contrary evidence. The finding of the court below that the petitioner is possessed of sufficient means is rested on evidence. There has been a wilful refusal to pay the decree debt warranting arrest and detention in civil prison. The order of the court below directing the arrest and detention is therefore justified under the circumstances. I however permit the petitioner to repay the balance decree debt in six equal monthly instalments.

(2.) THE petitioner shall not be arrested if he pays the amount in equal monthly instalments starting from 01.12.2012. The petitioner will lose the benefit of instalment facility if anyone instalment is defaulted. The decree holder is then at liberty to surge ahead with the personal execution of the petitioner. No further directions are warranted under the circumstances of the case.