K VAIDYANATHAN Vs. R DHANABACKIAM

JUDGEMENT

(1.) THE Judgment Debtor, who was slapped with an order to be arrested and detained in civil prison, is before this Court.

(2.) THE petitioner herein suffered a money decree in O. S. No. 96 of 2005 filed by the respondent, on 21. 09. 2007. Thereafter, the respondent filed an Execution Petition. Since the petitioner failed and neglected to pay the decree amount, in the Execution Petition, the respondent sought for arrest of the petitioner in civil prison for non -payment of decree amount. After contest, finding that the petitioner has got means, the Execution Court has passed an order to arrest the petitioner to be detained in civil prison. The said order is being challenged before this Court.

(3.) THE learned counsel for the petitioner would rely upon the Judgment of this Court in Arumugham v. Muthukumaraswami reported in [2014(1) MWN (Civil) 396] to stress the point that the Court should satisfy itself before passing the order of detention that the judgment - debtor is likely to abscond or leave local limits of jurisdiction of Courts or dishonestly transfer, conceal or remove any part of his property etc.