IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).NO. 26958 OF 2010(O) ----------------------------------------- OS.2767/2007 OF II ADDL.M.C.,THRISSUR .................... PETITIONER(S): ------------------------ PEARL KURIAN, S/O. KURIAN, NADAKKAVUKARAN HOUSE, PUZHAKKAL ROAD, NEAR FAMILY COURT, AYYANTHOLE-680 003, THRISSUR DIST. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): ------------------------ 1. SWARAJ KURIES (P) LTD., CHEMBUKKAVU VILLAGE, THRISSUR-680001, REPRESENTED BY CHAIRMAN, ADVOCATE P.D.JOSE. 2. ALPHONSA PEARL, W/O. NADAKKAVUKARAN PEARL KURIAN, TC NO.10/1163, MUKKATTUKARA DESOM, NETTISSERY VILLAGE, TRICHUR-680001. 3. P.M.JOHNY, CLERK-CUM-CASHIER, CATHOLIC SYRIAN BANK LTD., GOODALLUR, S/O. PALATHINKAL MATHEW, NEDUPUZHA DESOM, KANIMANGALAM VILLAGE, TRICHUR-680027. 4. P.R.SUNNY, S/O. PAYYAPILLY RAPPAI, MULLAKKARA DESOM, OLLUKKARA VILLAGE, THRISSUR DISTRICT-680 655. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.26958 of 2010 ==================================== Dated this the 31st day of August, 2010 J U D G M E N T This Writ Petition is in challenge of Ext.P4, order attaching salary of petitioner for discharge of liability due under a decree to which he is also a party. According to the petitioner attachment is not proper. It is also contended that decree debt is being recovered from other judgment debtors also. Learned counsel for petitioner has requested three weeks' time to discharge the liability. It is submitted that petitioner is trying to avail a loan to discharge his liability under the decree. Having regard to the facts and circumstances of the case I am inclined to grant time as requested by learned counsel. Resultantly, this Writ Petition is disposed of in the following lines: (i) Exhibit P4, order attaching salary of petitioner will stand in abeyance for a period of three weeks from this day. In the meantime it will be open W.P(C) No.26958 of 2010 -: 2 :- to petitioner to discharge the liability. (ii) In case entire liability under the decree is not discharged within the period of three weeks as aforesaid it will be open to the executing court to proceed with attachment pursuant to Ext.P4, order. THOMAS P. JOSEPH, JUDGE. vsv