V K KUMARADAS Vs. SOUTH INDIAN BANK LTD

JUDGEMENT

(1.) Petitioner in W.P.(C)21654/2006 is second judgment debtor and petitioners in W.P.C.1068/2007 are judgment debtors 3 and 4 in O.S.410/1996. First respondent is the decree holder. First respondent filed E.P.No.91/04 for execution of the decree by arrest and detention of judgment debtors contending that they have sufficient means but willfully did not pay the decree debt. Before the executing Court, though second judgment debtor appeared, he did not file an objection. Judgment debtors 3 and 4 filed objection contending that they have no source to pay the decree amount in lump sum and they are ready to pay the decree amount in installments. The executing Court as per order dated 27.1.2006 ordered arrest of petitioners herein finding that they have sufficient means and they willfully defaulted to pay the same. It is being challenged in these writ petitions.

(2.) Though notice was served on the decree holder, first respondent in W.P.(C)No.21654/2006, first respondent did not appear. As the very same order is challenged in W.P.(C) No.1068/2007no notice is issued to first respondent in view of the orders being passed in these cases.

(3.) Heard learned counsel appearing for the petitioners.