KURIAKOSE Vs. JOHNSON

JUDGEMENT

(1.) The revision petitioner is the second judgment debtor in E.P No.1670 of 2018 in O.S.No.300 of 2016 of the Additional Munsiff's Court, Irinjalakuda. The suit for return of money filed by the respondent against the revision petitioner and another was settled through mediation and a compromise decree passed. As per the terms of the compromise, the first judgment debtor was to pay an amount of Rs.26,50,000.00 to the decree holder on or before 31/8/2016 and the second judgment debtor/revision petitioner was to pay Rs.52,00,000.00 with interest at the rate of 18% from 30/5/2015, plus an additional sum of Rs.10,00,000.00. The amount due under the decree was charged over the immovable properties of the revision petitioner.

(2.) As the revision petitioner failed to discharge the decree debt, the respondent filed E.P.No.4363 of 2017, seeking to realise the amount from the immovable properties of the revision petitioner. Thereupon, it came to light that there was already a charge over the properties at the behest of the Punjab National Bank. Therefore, that execution petition could not be proceeded with and was dismissed. The respondent thereupon filed E.P.No.1670 of 2018 seeking arrest and detention of the revision petitioner in civil prison for refusal to clear the decree debt in spite of having sufficient means.

(3.) In the execution petition, the respondent alleged that the first judgment debtor had paid off his liability, whereas the revision petitioner refused and neglected to pay any amount, despite receipt of huge income from his business in manufacture and sale of allopathic medicines. In his objection, the revision petitioner refuted the averments in the execution petition and contended that all his businesses are under loss and the immovable properties were attached by the Punjab National Bank.