R.LAKSHMANAN Vs. SRI HARI ENTERPRISES

JUDGEMENT

(1.) The civil revision petitioner is the judgment debtor in E.P.No.398 of 2007 in O.S.No.1224 of 1998 on the file of the II Additional Subordinate Judge, Coimbatore.

(2.) The respondents/ decree holders filed E.P.No.398 of 2007 before the II Additional Subordinate Judge, Coimbatore under Order XXI Rule 11(2) of the Code of Civil Procedure for arrest and detention of the revision petitioner/judgment debtor in a civil prison. The respondents/ decree holders have obtained a decree for recovery of money from the revision petitioner. In order to execute the decree, they have filed the above execution petition. According to the respondents/ decree holders, the judgment debtor willfully and wantonly evading the payment due to them, even though he has got a bank balance of Rs.5,00,000/- and is earning a sum of Rs.20,000/- per month through a business run by him in the name and style of Amman Trading Company.

(3.) The Subordinate Judge, Coimbatore vide his fair and decreetal order dated 10.11.2011, allowed the execution petition and directed the judgment debtor to be arrested by 09.01.2011 and posted the execution petition for payment of batta. Aggrieved over the orders passed by the executing court, the judgment debtor has filed the present revision petition.