ASSANKUTTY Vs. KERALA GRAMIN BANK (ERSTWHILE)

JUDGEMENT

(1.) The petitioner, who is the judgment debtor in E.P.No.72 of 2013 in O.S.No.50 of 2011 on the file of the Munsiff Court, Kalpetta is before this Court in this original petition filed under Article 227 of the constitution of India, seeking an order to set aside Ext.P6 order passed by the said court dated 02.08.2014 in that execution petition in an enquiry conducted under Order XXI, Rule 40 of the Code of Civil Procedure, 1908 (for brevity, 'the Code'), whereby the plea of the judgment debtor that he has no means to pay the decree debt was turned down.

(2.) On 18.09.2014, when this original petition came up for admission, this Court admitted the matter on file and granted an interim order of stay of all further proceedings pursuant to Ext.P6 order, for a period of two weeks. The said interim order, which was extended from time to time, is still in force.

(3.) Heard the learned counsel for the petitioner/judgment debtor and also learned counsel for the respondent/decree holder.