IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9963 of 2009(M) ------------------------- AGAINST THE ORDER IN EP 124/08 IN OS.277/2003 OF MUNSIFF COURT, KOTTAYAM .................... PETITIONER(S): 2ND JUDGMENT DEBTOR/2ND DEFENDANT ------------------------------------------------------------------------------- RAJU THOMAS, S/O. THOMAS SCARIAH, VATTATHAKIDIYIL HOUSE, CHINGAVANAM P.O., NATTAKAM VILLAGE, KOTTAYAM, BY ADV. SRI.A.K.ALEX RESPONDENT(S): DECREE HOLDER/JUDGMENT DEBTORS 1 AND 3: ------------------------------------------------------------------------------------- 1. P.V.C.CHIT FUNDA, A FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT HAVING ITS HEAD OFFICE AT KOTTAYAM AND BRANCH OFFICE JAMMU TAWI, REP. BY ITS MANAGING PARTNER, ITTYIPE CHERIAN, S/O. CHERIAN ITTY IYPE, RESIDING AT KOSAMATTOM PUTHENPURA, NATTASSERY KARA, VIJAYAPURAM VILLAGE KOTTAYAM TALUK. 2. TITTO THOMAS, RESIDING AT VATTATHAKIDIYIL HOUSE, CHINGAVANAM P.O., NATTAKAM VILLAGE, KOTTAYAM TALUK. 3. A.T. BABU,RESIDING AT ATHIPPARAMBIL HOUSE, VELIYANADU P.O., VELIYANADU KARA, VELIYANADU VILLAGE, KUTTANADU TALUK, ALAPPUZHA DIST (LASCAR NO. 5938 SWTD) REGIONAL OFFICE, CHANGANASSERY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------- W.P.(C).No.9963 of 2009 -------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT The petitioner is the second judgment debtor in E.P.No.124 of 2008 in O.S.No.277 of 2003, on the file of the court of the Munsiff of Kottayam. The Execution Petition (Ext.P2) was filed by the first respondent against the petitioner and respondent Nos.2 and 3. Various modes of execution were sought for and one among them was attachment of the salary of the third judgment debtor and his salary was attached. The petitioner filed Ext.P4 objection dated 14th March 2009. He has raised a contention that the earlier Execution Petition was dismissed on 30.9.2005 and the present Execution Petition was filed after the expiry of two years therefrom. However, no notice was issued to him under Rule 22 of Order XXI of the Code of Civil Procedure. Another objection raised is regarding the attachment of salary of the third judgment debtor as per Ext.P3. Only the third judgment debtor could challenge the order of attachment of his salary and the second judgment debtor has no locus standi to WPC No.9963/2009 2 challenge the same. It is also stated that a total sum of Rs.6,000/- was paid to the decree holder. Another objection raised is that the interest awarded in the decree is excessive. I do not think that the petitioner can challenge in the Execution Petition, the rate of interest awarded in the decree. 2. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a writ of certiorari, call for the records relating to Ext.P3 and quash it. (ii) to declare that petitioner is not liable to pay such a high rate of interest in view of section 34 CPC and in view of the Supreme court decision reported in 2002(1) KLT 743. (iii) to declare that Ext.P2 is not maintainable since no notice is issued to petitioner before the filing of it. (iv) to issue a writ of mandamus or any other appropriate writ, order or direction directing the learned Munsiff, Kottayam to dispose of Ext.P4 objection. (v) to issue such other writ, order or direction which this Honourable court deems just and fit in the nature and circumstance of the case.” 3. The apprehension of the petitioner is that the executing court will proceed with the execution without WPC No.9963/2009 3 considering his objections. I do not think that the apprehension is justified. The executing court will certainly consider the objections raised by the petitioner/judgment debtor and deal with the same appropriately. For the aforesaid reasons, I am not inclined to admit the Writ Petition. The Writ Petition is accordingly dismissed. K.T.SANKARAN, JUDGE csl