IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 OP(C).No. 797 of 2010(O) ------------------------ AGAINST THE ORDER IN E.P.NO.315/09 IN OS.1284/2007 of II ADDL.MUNSIFF'S COURT, THRISSUR .................... PETITIONER ----------------- C.K.JOSE, S/O.CHAKKALAKKAL KOCHAPPU, KANIMANGALAM VILLAGE, VATTYAKARA VILLAGE, TRICHUR TALUK, TRICHUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT(S): --------------- SWARAJ KURIES (P) LTD., CHEMBUKKAVU, TRICHUR VILLAGE, TRICHUR TALUK, TRICHUR-680 027. BY ADV. SRI.JIJO PAUL THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ATTACHMENT ORDER. EXT.P2 TRUE COPY OF THE SALARY CERTIFICATE. True Copy P.S. to JUDGE. HARUN-UL-RASHID,J. ------------------------------- O.P.(C). NO.797 OF 2010 ------------------------------- DATED THIS THE 21ST DAY OF MARCH, 2011 JUDGMENT This original petition is filed seeking the following reliefs: “i) To call for the records relating to E.P.No.315/09 in O.S.No.1284/2007 on the file of the II Additional Munsiff's Court, Thrissur. ii) To direct the court below to permit the petitioner to pay the decree amount in instalments. iii) To set aside the order of attachment of salary of the petitioner in E.P.No.315/09 n O.S.No.1284/2007 on the file of the II Additional Munsiff's Court, Thrissur to recover the decree amount.” 2. Petitioner is the judgment debtor in E.P.No.315/09 in O.S.No.1284/2007 on the file of the II Additional Munisff Court, Thrissur. The decree holder sought for attachment of salary of the petitioner to realise the amount due to them. The court below -2- O.P(C).No.797/2010 ordered to attach salary of the petitioner and to recover a sum of Rs.3,500/-. The court below also ordered to recover a sum of Rs.2,000/- from the salary of the 4th judgment debtor. Ext.P1 is the said order passed by the learned Munsiff. 2. The petitioner in this original petition undertook to pay the entire decree amount due to the decree holder within a period of four months from today. The said undertaking is recorded. In the circumstances, all further proceedings in E.P.No.315/09 in O.S.No.1284/07 are kept in abeyance for a period of four months. If the balance amount due is not paid within the agreed time, the execution court is free to realise the balance amount due. Since the order passed is confined to realise the amount due from the petitioner/judgment debtor alone, the execution court is free to proceed against the other judgment debtors. Original Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.