IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 9TH JULY 2007 / 18TH ASHADHA 1929 WP(C).No. 17687 of 2007(E) -------------------------- EP.917/2005 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------ P.S. YESUDAS, S/O.PULIKKOTTIL SENSELOVOS OLLUR VILLAGE, ANCHERRY DESOM, THRISSUR TALUK. BY ADV. SRI.P.PUSHPARAJAN SRI.RAJA. P.R.S. RESPONDENTS: ------------- 1. M/S. LIONS'S CORPORATION, REGISTERED OFFICE AT PALLISSERRY VILLAGE, PALAKKA DESOM, THRISSUR TALUK, BRANCH FARIDABAD. 2. JAYANTHI SIVAKUMAR, W/O. MELEVEETTIL SIVAKUMAR, KOORKKENCHERRY VILLAGE AND DESOM, THRISSUR TALUK. 3. T.K. VENUGOPAL, S/O. THIRUVELVELY KUPPU MUTHU PILLAI, THIRUVAMBADY DESOM, KUMBOORMADOM LANE, THRISSUR VILLAGE & TALUK. 4. M.K. SIVAKUMAR, S/O. MELEVEETTIL KUZHANTHA VELUPILLAI, KOORKANCHERRY VILLAGE & DESOM, THRISSUR TALUK. BY ADV. SRI.K.A.SATHEESA BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1: PHOTOCOPY OF EXECUTION E.P. NO: 917/05 FILED BY THE 1ST RESPONDENT PRINCIPAL MUNSIFF COURT, THRISSUR EXT.P2: CERTIFIED COPY OF THE ORDER DT. 8.2.2007 OF THE PRINCIPAL MUNSIFF'S COURT, THRISSUR, IN E.P. NO: 917/2005 EXT.P3: TRUE PHOTOCOPY OF THE RECEIPT OF ATTACHMENT OF RS. 2,500/- DT. 17.3.2007 jj /TRUE COPY/ P.A. TO JUDGE M.N.KRISHNAN, J. ----------------------------- WP(C)No. 17687 OF 2007 E ----------------------------- Dated this the 9th July, 2007. JUDGMENT This writ petition is filed by the third respondent in the execution petition against the order of attachment made against him. It is submitted by him that first respondent is the principal debtor, fourth respondent is her husband and the second respondent is the father-in-law of the first respondent and the only stranger is the third respondent, the present writ petitioner who happens to be a surety. It is submitted that Rs.1,000/- is paid regularly by the first respondent and there is already an order of attachment of salary of the second respondent at the rate of Rs.1,800/-. I am also informed that portion of the amount had already been paid. Suppose the attachment of third respondent is deferred by six months if Rs.1.000/- is paid by first respondent and Rs.1,800/- is attached from the salary of second respondent it comes to Rs.16,800/-, which may be sufficient to wipe off the liability. In case if it is not done and discharged within a period of six months, being a person whose liability is co-extensive as that of the principal debtor the salary of third respondent also can be attempted to be attached thereafter. Therefore the order of the court below is modified and it is directed to defer WPC 17687/07 2 the attachment from the salary of third respondent for a period of six months. If the entire decree amount is not paid within that period, the court is at liberty to attach the salary of third respondent which is legally recoverable under Section 60 of the Civil Procedure Code. Writ petition is disposed of accordingly. M.N.KRISHNAN Judge jj