IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 15166 of 2009(O) -------------------------- OS.NO.2277/2003 OF PRL. MUNSIFF COURT, IRINJALAKUDA. .................... PETITIONER: ------------------- LOHITHAKASHAN, S/O.KUMBALATHPARAMBIL GOPALAN, ARIPPALAD DESOM,POOMANGALAM VILLAGE, MUKUNDHAPURAM TALUK,THRISSUR. BY ADV. MR.RAJESH CHAKYAT. RESPONDENT: ---------------------- NAYASREE CHITS & FINANCE PVT.LTD, IRINJALAKUDA. BY ADV. MR.K.G.BALASUBRAMANIAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.15166 of 2009 - O --------------------------------- Dated this the 30th day of June, 2009 J U D G M E N T Petitioner is the second judgment debtor in E.P.No.1346/2007 in O.S.No.2277/2003 on the file of the Munsiff Court, Irinjalakkuda. The execution court passed an order for attachment of a sum of Rs.2,200/- every month for a period of 11 months from the salary of the petitioner to discharge the decree debt. Impeaching the correctness and propriety of that order, petitioner has filed this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. Notice being given, the respondent/decree holder has entered appearance. I heard the counsel on both sides. 3. The learned counsel for the petitioner placing reliance on Ext.P4 salary particulars of the petitioner for the month of February, 2009, contended before me that the net amount which the petitioner is now enjoying on his pay after all deductions is only Rs.3,969/- and as such compulsory deduction of Rs.2,200/- W.P.(C).No.15166 of 2009 - O 2 per every month is excessive and unreasonable. After going through Ext.P4 salary particulars of the petitioner, I find that he is drawing a sum of Rs.11,362/- per month and after various deductions he is getting an amount of Rs.7393/-. In calculating the amount for payment towards the discharge of the decree debt, all deductions from his salary made by the first respondent cannot be given credit but only those which have been exempted as per the notification issued by the Government under Section 60 of the Code of Civil Procedure. I am satisfied that the petitioner is drawing salary sufficient enough to pay a sum of Rs.2,200/- fixed by the court below and there is no impropriety or illegality in the order passed by the court below. The writ petition is dismissed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-