IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 10070 of 2007(W) -------------------------------------- AGAINST THE ORDER IN EP 110/2005 IN OS.582/2002 of M.C.,WADAKKANCHERRY ............................................. PETITIONER: ------------------ RAMAKRISHNAN, AGED 40 YEARS, S/O.NELLIKKAPARAMBIL CHATHA, CHITTANDA VILLAGE, THALAPPILLY TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: ---------------------- 1. KEERTHY FINANCIAL ENTERPRISES, OTTUPARA DESOM, KUMARANALLUR VILLAGE. 2. M.GOPINATHAN, S/O.MADATHILATH NARAYANAN NAIR, CHITTANDA VILLAGE AND DESOM, THALAPPILLY TALUK. BY ADV. SRI.SANTHEEP ANKARATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 10070/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE EXECUTION PETITION IN EP NO. 110/05 IN OS NO. 582/2002 OF THE MUNSIFF COURT, WADAKKANCHERRY. EXT.P2. COPY OF THE COUNTER DT. 21/06/05 IN EP NO. 110/2005 IN OS NO. 582/200. EXT.P3. COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DT. 22/08/2005. EXT.P4. COPY OF THE ORDER DT. 30/09/05 IN EP NO. 110/05 IN OS NO. 582/2002,OF THE MUNSIFF COURT, WADAKKANCHERRY. EXT.P5. COPY OF THE AFFIDAVIT AND APPLICATION FILED BY THE PETITIONER IN EA NO. 638/2006 IN EP NO. 110/05 IN OS NO. 582/02. EXT.P6. COPY OF THE SALARY CERTIFICATE DT. 5/10/20025 ISSUED FROM THE OFFICE OF THE HEADMASTER, GHSS VARAVOOR. EXT.P7. COPY OF THE ORDER DT. 25/3/2006 IN EA NO. 638/05 IN EP NO. 110/05 IN OS NO. 582/02 OF THE COURT OF MUNSIFF, WADAKKANCHERRY. RESPONDENT'S EXHIBITS NIL. True copy tga M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 10070 OF 2007 = = = = = = = = = = = = = = = Dated this the 15th day of February, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Wadakancherry whereby he has ordered arrest of the 2nd judgment debtor who is the writ petitioner before me and has subsequently declined to review the order passed by him. The 2nd judgment debtor namely the writ petitioner is a teacher by profession who has stood as a surety for the loan taken by the first respondent in the E.P. He is a Government employee having a total income of Rs.7732/-. As per Order 21 Rule 41(2) he has filed an affidavit showing the details of his liability and he has also produced his salary certificate as per which his carry home salary is about Rs.1762/-. He is having 16 cents of land with a house therein which is marked as Ext.B1. The learned counsel for the decree holder very strongly contends that exemption cannot be allowed for recovery of the amount due to the Society etc. as it is not W.P.C 10070 OF 2007 -:2:- exempted from attachment under Section 60 of the CPC. After considering the entire materials in detail and as there is a desire for the writ petitioner to wipe off the liability I pass the following order. (1) The writ petitioner namely the 2nd judgment debtor is directed to wipe off the decree debt by paying the amount in 15 monthly equal instalments commencing from 24-3-08. (2) if he commits default of payment of the first instalment or thereafter of any two consecutive instalments he shall forfeit the benefit granted to him and the decree holder will be at liberty to request the Court to issue warrant of arrest. Since I have provided some time for the writ petitioner to pay the amount the warrant of arrest now issued by the Court below shall not be executed. (3) The amount of Rs.15,000/- deposited by the judgment debtor as per the direction of this Court is permitted to withdraw by the decree holder. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-