GANESH Vs. SANKARAN

JUDGEMENT

(1.) THE Revision Petitioner in both the revisions is the judgment?debtor/defendant in O.S.No.18 of 1998 and O.S.No.15 of 1998. THE respondents are the respective plaintiff in both the suits.

(2.) THE respondent/plaintiff in both the suits obtained decree in the said suits. After obtaining decree, they filed Execution Petitions respectively in E.P.Nos.13 and 19 of 2005 on the file of the learned Subordinate Judge. Kuzhithurai, under Order 21, Rules 37 and 38 of Code of Civil Procedure to arrest the judgment?debtor for realisation of the decree amount. THE learned executing Court passed an order on 6.9.2005 ordering the arrest of the judgment debtor by 27.9.2005. THE impugned order reads as follows: ?Part satisfaction for Rs.15,000 recorded. Arrest by 27.9.2005." Challenging the order of the executing court, the judgment?debtor in both the Execution Petitions, has filed the Civil Revision Petitions.

(3.) IN support of his contention, learned counsel for the petitioner relied on the following decisions: IN K.M. Kannu Gounder v. Mahboob Ali Sahib and another, 2003 (2) MLJ 329, the Principal ?Bench of this Court has held that- 'so far as the choice whether the decree holder could adopt and file Execution Petition for attachment or for arrest is concerned in the recent times, it has been arrived at by the upper forums of law that prior to embarking upon arrest the other procedures kept open, such as attachment, etc. should be exhausted,"