IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).NO. 24029 OF 2010(O) ---------------------------------------- AGAINST THE ORDER IN EP 50/2010 IN EA 186/2010 IN OS.312/2007 OF PRINCIPAL SUB COURT,ALAPPUZHA .................... PETITIONER(S): --------------------- 1. S.PRASOBHINI AGED 47 YEARS D/O. SANTHAMMA, PALLIPPARAMBIL HOUSE VADAKKAL, ALAPPUZHA. 2. C.RAJAMMA AGED 73 YEARS D/O.CHAKKL, VADAKKAL MURI PARAVOOR , ALAPPUZHA. 3. M.N.SURESH KUMAR, AGED 45 YEARS REPRESENTED BY HIS POWER OF ATTORNEY HOLDER M.N.ASOKAN, S/O.NARAYANAN,MORUVELIYIL HOUSE VADAKKAL ALAPPUZHA WEST VILLAGE, AMBALAPPUZHA TALUK. BY ADV. SRI.SIRAJ KAROLY RESPONDENT(S): ------------------------ 1. THE MANAGER INDIAN OVERSEAS BANK ,ALAPPUZHA 2. S.N.D.P. YOGAM BRANCH NO.395, REPRESENTED BY ITS SECRETARY V.K.KUMARAN, 70 YEARS, S/O.KANDAN, RESIDING AT ASSARIVELIL HOUSE, PARAVOOR PUNNAPRA, P.O. ALAPPUZHA – 688 004. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.24029 of 2010 ==================================== Dated this the 02nd day of August, 2010 J U D G M E N T Petitioners are decree holders in O.S.Nos.292, 310 and 312 of 2007 of the court of learned Sub Judge, Alappuzha and filed Ext.P1 series, applications to direct the Garnishee, respondent No.1 to deposit the amount in the execution court. Pursuant to that, executing court issued Ext.P2 series, notice directing the Garnishee to deposit the amount. Grievance of petitioners is that in spite of Ext.P2, notice respondent No.1 is not complying with the direction. I have heard learned counsel for petitioner and respondent No.1. 2. There are sufficient provisions in Order XXI Rule 46B of the Code of Civil Procedure by which the executing court can enforce an order directing the Garnishee to deposit the amount if there is non-compliance. If there is such an order there is no reason to think that respondent No.1 would not obey it and if not, the executing court would not enforce it. Petitioner can request the executing court to enforce the order if any directing the W.P(C) No.24029 of 2010 -: 2 :- Garnishee to deposit the amount. Without prejudice to the right of petitioners to seek enforcement of the order this Writ Petition is closed. THOMAS P. JOSEPH, JUDGE. vsv