IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12833 of 2008(C) ------------------------------------- OS.327/2003 of PRL.M.C., KOCHI .................... PETITIONER: ------------------ G.JALAJA, W/O. MURALI MENON RESIDING AT GOPURAPPALLY HOUSE VELIYATHAN PARAMBU, NAYARAMBALAM BY ADV. SRI.JOSHI N.THOMAS RESPONDENTS: ------------------------ 1. MRS. K.G. LEELA, W/O. LATE E.N. GOPINATHAN, 'SINDOOR' ANJALI GARDENS GANDHI NAGAR, KOTTAYAM, CONVENER OF M/S.LEEGEES CORPORATION G.V.IYER ROAD WILLINGTON ISLAND, KOCHI-3 2. MRS. GEETHA RAMANUJAN, W/O. RAMANUJAN SANTE GOPALAN ROAD, KOCHI-5, CO-OWNER OF M/S.LEEGEES CORPORATION G.V.IYER ROAD WILLINGTON ISLAND, KOCHI-3 3. ANITHA JAYAKUMAR,W/O.DR. JAYAKUMAR 'SINDOOR'CO-OWNER OF M/S.LEEGEES CORPORATION G.V.IYER ROAD WILLINGTON ISLAND, KOCHI-3 4. SANGEETHA JAISINGH,W/O. JAISINGH GOVINDAN,KOTTAYAM,CO-OWNER OF M/S.LEEGEES CORPORATION G.V.IYER ROAD WILLINGTON ISLAND, KOCHI-3 BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 12833 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This writ petition is filed to issue a writ commanding the execution Court not to enforce execution of decree debt on petitioner's husband against the petitioner and her movable properties and to declare that the movable properties of the petitioner lying at her house is not liable to be attached. 2. Heard the learned counsel for the writ petitioner. Also perused the execution petition. There are various prayers in the execution petition. The first prayer is to arrest and detain the judgment debtor in the civil prison. 2nd prayer is to attach movable and immovable property and sell it in public auction. Originally proceedings under Order 21 Rule 37 were initiated. The matter came up to this Court. This Court dismissed the plea raised by the husband relating to no means and even now the husband is not available for arrest. Now it is innocently alleged in the petition that even without W.P.C 12833 OF 2008 -:2:- an order of attachment movables are attempted to be attached by the Amin. I am afraid that such an order will never be passed by any Court. If there is an order of attachment of movables and if it is attached, then the cause of action arise under Order 21 Rule 58 CPC. Or in other words attachment is a condition precedent for approaching the Court by a person who owns it. That does not mean that if really it belongs to her it must be brought to the custody of the Court. Therefore I feel the following directions can be given the to Court below. (1) If the Court has ordered attachment of movables it may direct the Amin to proceed to the property, prepare an inventory of the movables which are sought to be attached and submit it before the Court. (2) The writ petitioner herein is directed not to transfer or alienate those movables till a final decision is taken on her application, Ext.P5. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-