IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2974 of 2010(O) ------------------------- AGAINST THE ORDER DATED 19.09.2009 IN EA 1775/2009 EP 1181/2006 IN OS.2777/2003 of III ADDL. MUNSIFF'S COURT,THRISSUR .................... PETITIONER/3RD JUDGMENT DEBTOR:- --------------------------------------------- P.S.SUBASH, S/O. SANKARAN, PERINGODU HOUSE, KANJANY DESOM, MANALUR VILLAGE, THRISSUR. BY ADV. MR. N.K.MOHANLAL RESPONDENT/DECREE HOLDER:- ------------------------------------- PERINGOTTUKARA NAMBOODIRI, YOGAKSHEMA SABHA, ANTHIKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 2974 of 2010 ---------------------------------------------------- Dated this the 29th day of January, 2010. JUDGMENT The writ petitioner who is the 3rd judgment debtor in E.P. No. 1181 of 2006 in O.S. No. 2777 of 2003 on the file of the III Additional Munsiff's Court, Thrissur, challenges Ext.P1 order dated 19.09.2009 passed by the court below proposing to allow the review of the earlier order of attachment of the petitioner's salary on the ground that the petitioner has no attachable salary left but at the same time imposing a condition that he should deposit Rs.15,000/- before the court below within three weeks of the said order. 2. The learned counsel for the petitioner would submit that the petitioner is a last grade employee and is also physically challenged and unable to deposit the said amount and that the court below was also satisfied that the order of attachment from his salary was beyond the permissible limits. 3. The decree amount is Rs.55,289/-. The petitioner once approached this Court and this Court had directed him to deposit Rs.15,000/- before the court below in W.P.(C) No. 16728 of 2009 W.P.(C) No. 2974/2010 : 2 : filed by him. He averted depositing the said amount by getting the writ petition withdrawn. I am not inclined to interfere with Ext.P1 order so far as it has directed the writ petitioner to deposit Rs.15,000/-. However, having regard to the submission made by the learned counsel for the petitioner, I am inclined to give him 45 days' time from today to deposit the amount ordered by the III Additional Munsiff's Court, Thrissur as per Ext.P1 order dated 19.09.2009. Subject to the above concession regarding the time, this writ petition is dismissed. Dated this the 29th day of January, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 2974/2010 : 3 :