N. MURALI Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) This revision petition is filed against the order made in E.P. No. 82 of 2006 in L.C. No. 1167 of 2005 on the file of the Subordinate Court, Gudiyattam dated 29.06.2009. Heard Mr. K.A. Ravindran, learned counsel for the petitioner. Despite service of notice, there is no appearance for the respondent.

(2.) The revision petitioner who is the judgment debtor filed this revision petition against the order passed in E.P. No. 82 of 2006 in L.C. No. 1167 of 2005 on the file of the Subordinate Court, Gudiyatham dated 29.06.2009. The respondent filed E.P. No. 82 of 2006 in L.C. No. 1167 of 2005 to issue notice to respondent to realise the decree amount and in default issue arrest warrant and commit the respondent to civil prison. In the above said execution petition, the revision petitioner/judgment debtor filed a detailed counter by stating that due to heavy drought in his village he has migrated to Bangalore and doing coolie work and sustaining his livelihood therein and hence, he has no means to pay the decree amount and therefore, the execution petition for arrest is not maintainable and further the amount claimed in the execution petition is excessive and therefore, prayed to dismiss the execution petition.

(3.) The Executing Court namely, Subordinate Court, Gudiyatam passed the following order;