IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 28404 of 2010(O) -------------------------- OS.60/2006 of PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER: --------------- K.K.PRAKASAN, S/O.KRISHNAN, AGED 41 YEARS, KATTAPPATH HOUSE, PONNURUNNIKARA, KANAYANNUR TALUK, POONITHURA VILLAGE, STAFF NO.3014, SHAD CLERK, TRAFFIC DEPARTMENT, COCHIN PORT TRUST. BY ADV. SRI.BIJU ABRAHAM RESPONDENTS: --------------- 1. ANGAMALY CHITTY FUND (P) LTD., ANGAMALY-683572 2. SHIJI MATHEW, W/O.MATHEW, PALLATHUVEETTIL, PALARIVATTOM, POONITHURA VILLAGE, KANAYANNUR TALUK, HERITAGE HOUSE, B-4-49-84, ELAMAKKARA, KOCHI - 26. 3. MATHEW ANTONY, S/O.ANTONY, PALLATHUVEETTIL, PALARIVATTOM, POONITHURA VILLAGE, KANAYANNUR TALUK, SENIOR MANAGER, CENTRE FOR GEN STUDIES, CHITTOOR ROAD, ERNAKULA-11 4. M.K.VENUGOPAL, S/O.KANNAN, MANAYATH HOUSE, CHUTTUPAD KARA, EDAPALLY NORTH VILLAGE, SENIOR ASSISTANT, STATE BANK OF INDIA, S.S.I.BRANCH, R.S.BUILDING, M.G.ROAD, ERNAKULAM-11 5. DR.C.PRABHAKARAN, PALIYATHU VEETTIL, KALAKKATTU KARA, GURUVAYOOR VILLAGE, CHAVAKKAD TALUK, MEDICAL OFFICER, GOVERNMENT HOMEO DISPENSARY, VANKIDANGU, THRISSUR-680001 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.28404 of 2010 --------------------------------------- Dated this 16th day of September, 2010 JUDGMENT Judgment debtor No.3 in E.P.No.147 of 2007 in O.S.No.60 of 2006 of the court of learned Sub Judge, North Paravur is the petitioner. He is aggrieved by Ext.P6, order dated 16-08-2010 attaching his salary to the extent of Rs.4,000/- per month. 2. It is contended in this writ petition that order of attachment is not correct in that excluding deductions from the salary executing court could not have ordered attachment of Rs.4,000/- per month . That contention is however not pursued before me, nor do I find reason to interfere with the impugned order also having regard to Exts.P3 to P5 produced by the petitioner. 3. Learned counsel has submitted that petitioner is about to avail a loan for construction of a residential building and that if his salary is attached, he may find it difficult to avail the housing loan. Learned counsel states that petitioner is prepared to deposit in the executing court @Rs.4,000/- per month until the decree debt is discharged. Learned counsel requested that in the circumstance permitting petitioner to deposit @Rs.4,000/- per month in the W.P.C.No.28404 of 2010 : 2 : executing court the order of attachment may be kept in abeyance. 4. I have given an anxious consideration to the request. So far as respondent No.1/decree holder is concerned what is required is that the decree debt has to discharged. Having regard to the circumstances, I am inclined to accept the alternative suggested by petitioner, subject to condition as that would not cause any prejudice to respondent No.1. Resultantly this writ petition is disposed of in the following lines: (i) Ext.P6, order of attachment dated 16-08-2010 will stand in abeyance till the decree debt is discharged subject to the following conditions:- (a) Petitioner shall deposit in the executing court Rs.4,000/- (Rupees Four Thousand Only) per month until the decree debt is discharged. Deposit shall be made on or before the 5th of every month. (b) In case there is any default in deposit of the amount the order of attachment will stand revived and it will be open to the executing court to proceed with recovery of the amount as per Ext.P6, order of attachment. (THOMAS P JOSEPH, JUDGE) Sbna/- True Copy P.A to Judge