JUDES RAPPEL Vs. ANTONY PAPPACHAN

JUDGEMENT

(1.) THIS revision is preferred against the order of the Munsiff, Perumbavoor in E.P.No.60/05. At the stage of admission this court granted an interim stay on condition that the petitioner shall deposit before the execution court a sum of Rs.10,000/- within two months. The said order was passed as early as on 27-12-2005 and I am informed till this day no amount is paid. On merits it has to be stated that the decree holder has deposed before the court that the judgment debtor is a sales man in a vegetable shop besides a lucrative marriage broker. The court also considered the evidence of DW1 the judgment debtor. It has come out in evidence that the children of the judgment debtor are studying in a private school by paying fees. THIS is only indicative of standard of living of the person. Though DW1 attempted to explain it away by stating that he is living with the help of brothers, it was brought out in cross examination that the brothers were living separately for the last six years. So the evidence of PW1 that the judgment debtor is a sales man having C.R.P.NO.1249 OF 2005 Page numbers considerable income besides his income from the marriage brokerage stands established and the evidence of DW1 is not satisfactory in that regard. So the findings of the executing court that there is means for the judgment debtor to pay the decree debt and that he has willfully refused to pay the amount appears to be correct and therefore the revision lacks merit and dismissed.