IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 36278 of 2005(R) -------------------------- PETITIONER: ------------ A. AMBEESAN, S/O. APPUKKUTTAN, AGED 45 YEARS, UPHOLSTER, B.S.O. (MES) NAVAL BASE P.O., COCHIN, PERMANENTLY RESIDED AS MANNUVILAKADETHU HOUSE, MELAMCODE, MANNAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.JOSY ANTONY RESPONDENTS: ------------- 1. THE CHIEF ENGINEER, MES, NAVAL BASE P.O., COCHIN. 2. HARIDAS V.N., KAP 5TH BATTALIAN, RANK CF, A COMPANY, THRISSUR, PERMANENTLY RESIDED AS VADUKKOOT KACHERY VALAPPIL- HOUSE, PALISSERY P.O., THRISSUR-27. 3. THE CHAIRMAN, M/S. KOTTUKKAL CHITTIES PVT. LTD., CHITTOOR ROAD, AYYAPPANKAVU, COCHIN-18. 4. C. MOHANAN, MADASSERIYIL HOUSE, MANNARASALA P.O., HARIPPAD, ALAPPUZHA, NOW WORKING AS MES, NAVAL BASE,COCHIN. BY ADV. SRI.C.K.PAVITHRAN SHRI.D.SOMASUNDARAM, ACGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 36278/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ATTACHMENT ORDER DATED 03/05/2001. P2 : COPY OF ORDER ISSUED BY OFFICE OF BSO, MES, KOCHI DATED 16/05/2001. // TRUE COPY // PA TO JUDGE. kg C.N.RAMACHANDRAN NAIR, J. ------------------------- WP(C) No. 36278 of 2005 --------------------------------- Dated, this the 9th day of January, 2008 J U D G M E N T Petitioner is challenging attachment of salary in execution proceedings, in excess of limit, prescribed under Section 60(1) of the Code of Civil Procedure. Learned counsel for the first respondent submitted that garnishee orders are issued by the executing court. Since impugned orders are issued by the civil court, it is for the petitioner to approach the civil court to modify the orders, if the same is issued in violation of provisions of CPC. This writ petition is, accordingly, closed leaving freedom to the petitioner to take the matter before the executing court. (C.N.RAMACHANDRAN NAIR, JUDGE) jg