IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 25345 of 2010(O) ---------------------------------------- EP.296/2008 of ADDL.MUNSIFF COURT,CHERTHALA .................... PETITIONER(S): ------------------------ RAPHELKUTTY, AGED 51 YEARS, S/O. MATHEW, ASARIPARAMBIL VEETTIL, KATTOR MURI, KALAVOOR VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA. BY ADV. SRI.C.G.RAJ KUMAR RESPONDENT(S): --------------------------- 1. THE SECRETARY, MARARIKKULAM SERVICE CO-OPERATIVE BAK LTD. NO.1509, MARARIKKULAM NORTH VILLAGE, MARARIKKULAM NORTH.P.O., CHERTHALA. 2. THRESSIAMMA RAPHEL, AGED 45, W/O. RAPHEL, ASARIPARAMBIL VEETTIL, KATTOOR MURI, KALAVOOR VILLAGE, AMBALAPPUZHA TALUK ALAPPUZHA-688546. 3. REMANAN, MODIYIL VEETTIL VIRALASSERRY MURI, MULANGARA VILLAGE, MULANGARA.P.O., CHENGANOOR TALUK, PIN-689121. 4. THE HEADMASTER, GOVT. H.S.POLLETHAI.P.O. ALAPPUZHA-688567. R1 BY ADV. SRI.P.BABU KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.25345/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE E.P,. 296/2008 IN FILE NO.6/05 BEFORE THE HONOURABLE MUNSIFF COURT, CHERTHALA DTD. 15.9.08. P2:- COPY OF THE OBJECTION FILED BY THE PETITIONER AND THE 2ND RESPONDENT DTD. 16.12.2008 IN FILE NO.6/05 BEFORE THE HONOURABLE MUNSIFF COURT, CHERTHALA. P3:- COPY OF THE ORDER DTD. 20.2.2010 OF THE ADDL. MUNSIFF COURT, CHERTHALA IN EP. 296/2008 IN FILE NO.6/05. P4:- COPY OF THE ORDER OF THE ADDL. MUNSIFF COURT, CHERTHALA DT.D 7.4.2010 IN EP. NO.296/08 IN FILED NO.6/05. P5:- COPY OF THE PROHIBITORY ORDER FOR THE ATTACHMENT OF THE SALARY OF THE PETITIONER BY THE ADDL. MUNSIFF COURT, CHERTHALA DT.D 22.4.2010 IN EP. BNO.296/2008 IN FILE NO.6/05. P6:- COPY OF THE LETTER OF THE 4TH RESPONDENT DT.D 11.6.2010. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss P.BHAVADASAN, J. -------------------------------------------------- WP(C) No.25345 of 2010 -------------------------------------------------- Dated this the 23rd day of March 2011 Judgment In this Writ Petition under Article 227 of the Constitution of India, the petitioner assails Ext.P3 and P4 orders whereby the salary of the petitioner has been ordered to be attached. The brief facts necessary for the disposal of the petition are as follows : 2. The petitioner is the second judgment debtor in a decree passed against him. The decree was put in execution as per EP No.296/08 before the Munsiff's Court, Cherthala. Ext.P1 is the copy of the execution petition. The decree was passed on the basis of an arbitration award. Shorn off unnecessary details, the contention of the petitioner is that the execution court had no jurisdiction to order attachment of salary. He relies on S.39 of the CPC. The petitioner says, the said aspect has not been specifically considered by the court below. Obviously, it WPC 25345/10 2 had not addressed about the jurisdiction to order attachment of salary. Therefore, it is felt that the matter requires reconsideration. Accordingly, this Writ Petition is allowed and the court below is directed to consider whether it is within its jurisdiction to order attachment of salary of the petitioner, within two months from the date of receipt of a copy of this judgment. Till such time, the impugned orders Exts.P3 and P4 shall be kept in abeyance. P.Bhavadasan, Judge sta WPC 25345/10 3