VIDHADHARAN Vs. RADHAMONI

JUDGEMENT

(1.) The petitioner is the judgment debtor in E.P. No.68 of 2014 in O.S. No.81 of 2003 on the files of the Sub Court, Karunagappally. In the said Execution Petition, the respondent has filed an affidavit, stating that the petitioner, who is retired from KSRTC is a pensioner getting Rs.8,000/- per month and he has sufficient means to pay off the debt, due to him. On getting notices Exts.P2 and P3, the petitioner appeared before the Execution Court and filed objection, contending that he has no sufficient means to pay off the debt. He is undergoing treatment for acute diabetics, blood pressure, cholesterol and undergoing Ayurvedic as well as Allopathic treatment. But, the court below rejected the said contention and found that the petitioner has sufficient means to pay off the debt and he wilfully neglected and refused to pay the same. Consequently, warrant was issued. The petitioner appeared before the court and he was given an opportunity to deposit the amount before 06.09.2018. But, he could not deposit the said amount.

(2.) Thereafter, the petitioner filed an application, to enlarge the time fixed by the court to deposit the amount before the court. But, the court below dismissed the said application, stating that the time granted to deposit the amount expired on 16.09.2018 and without a further order of this Court, the time cannot be extended. Aggrieved by the said order, the petitioner has filed this Original Petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

(3.) Heard the learned counsel for the petitioner and the learned counsel for the respondent.