IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 8492 of 2010(O) ------------------------- OS.44/2004 of SUB COURT,KOCHI .................... PETITIONERS: --------------- 1. E.S.BABURAJ, S/O.P.K.SREEDHARAN, AGED 46 YEARS, HIGHER GRADE ASSISTANT, LIC OF INDIA, THOPPUMPADY, KOCHI. 2. P.P.JOHNY, S/O.P.V.PETER, LIC OF INDIA, KOCHI. 3. K.A.MOHANDAS, S/O.ACHUTHAN, ASSISTANT LIC OF INDIA, KOCHI. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR RESPONDENTS: --------------- 1. LITTLE FLOWER KURIES AND ENTERPRISES LTD, KOCHI - 1, REP. BY CHAIRMAN. 2. V.N.UPENDRAN, S/O.NARAYANAN, VADAKKEKANDATHU PARAMBIL, EDAKOCHI. 3. V.N.SUBRAMANIAN, S/O.NARAYANAN, VADAKKEKANDATHU PARAMBIL, EDAKOCHI. ADV. SRI.JIMMY JOHN VELLANIKARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.No.8492 OF 2010 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : JUDGMENT IN W.P.C.No.21921/08 DTD. 22-07-2008 EXHIBIT P2 : E.A.No.216/09 IN E.P.No.53/07 IN O.S.No.44/04 DTD.21-10-09 EXHIBIT P3 : OBJECTION FILED BY THE PETITIONERS DTD.02-01-2009 IN E.A.No.216/09 DTD.08-08-2008 IN E.P.No.53/07 IN O.S.No.44/04. RESPONDENTS' EXHIBITS: NIL True copy P.A.to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.8492 of 2010 --------------------------------------- Dated this 11th day of June, 2010 JUDGMENT Petitioners are judgment debtor Nos.3 to 5 in E.P.No.53 of 2007 in O.S.No.44 of 2004 of the court of learned Sub Judge, Kochi. According to them, they have been paying the amount due to respondent No.1 and while so their salary was attached. The E.P was closed. It is the case of petitioners that respondent No.1 filed E.A.No.216 of 2009 to review the order closing the E.P to which petitioners preferred Ext.P3, objection but that objection has not been considered. It is also the grievance of petitioners that there is an order passed by the executing court on 04-01-2010 reviving attachment of salary but a copy of that order has not been given to the petitioners in spite of an application. Hence a direction is sought to the executing court to dispose of the objection to E.A.No.216 of 2009 and to issue copy of the order dated 04-01- 2010. According to the learned counsel for respondent No.1, the E.P which was closed consequent to the undertaking of petitioners to pay the amount has been reopened on the application of respondent No.1. 2. Having regard to the prayer of petitioners in this writ W.P.C.No.8492 of 2010 : 2 : petiiton I direct the executing court to dispose of E.A.No.216 of 2009 after considering the objection preferred by the petitioners if that application has not already been disposed of. If any order has been passed on 04-01-2010 as regards attachment of salary of petitioners, they shall be issued a copy of that order if it is applied for on usual terms. With the above direction the writ petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-