IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 32498 of 2009(O) -------------------------- OS.739/2009 of II ADDL.M.C.,NEYYATTINKARA .................... PETITIONER(S): --------------- 1. ASANTHA, WIDOW OF LATE VINCENT, RESIDING AT CHRIST BHAVAN, POZHIYOOR, NEYYATTINKARA. 2. AKHIO, DAUGHTER OF ASANTHA, RESIDING AT CHRIST BHAVAN, POZHIYOOR, NEYYATTINKARA. 3. ANILKUMAR, SON OF ASANTHA, CHRIST BHAVAN, POZHIYOOR, NEYYATTINKARA. 4. ALBINA, DAUGHTER OF ASANTHA, CHRIST BHAVAN, POZHIYOOR, NEYYATTINKARA. (MINOR). (4TH PETITIONER IS A MINOR AND IS REPRESENTED IN THIS WRIT PETITION BY THE IST PETITIONER WHO IS HER MOTHER AND NEXT FRIEND). BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENT(S): --------------- SIVADASAN, SON OF JALADHARAN, PLANKALA VEEDU, ARUMANOOR DESOM, THIRUPURAM VILLAGE, NEYYATTINKARA. ADV. SMT.K.NANDINI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.32498/09 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.739/06 FILED BY THE RESPONDNET BEFORE THE MUNSIFF'S COURT, NEYYATTINKARA. EXT.P2: COPY OF THE JUDGMENT IN O.S.NO.739/06 DATED 24.9.2007 OF THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA. EXT.P3: COPY OF THE DECREE IN O.S.NO.739/06 DATED 24.9.2007 OF THE PRINCIPAL MUNSIFF COURT, NEYYATTINKARA. EXT.P4: COPY OF THE E.P.NO.104/09 FILED BY THE RESPONDNET BEOFRE THE MUNSIFF COURT, NEYYATTINKARA. EXT.P5: COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE 2ND ADDL.MUNSIFF COURT, NEYYATTINKARA. EXT.P6: COPY OF THE E.A.NO.239/2009 WITH ANNEXED SCHEDULE FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, NEYYATTINKARA. EXT.P7: COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE IIND ADDL.MUNSIFF'S COURT, NEYYATTINKARA. EXT.P8: COPY OF THE CERTIFICATE PRODUCED BY THE RESPONDENT FROM THE DISTRICT POLICE OFFICE (THIRUVANANTHAPURAM) DATED 24.8.2009. EXT.P9: COPY OF THE SALE DEED IN FAVOUR OF THE PETITIONER DATED 27.6.2007. EXT.P10: COPY OF THE ORDER DATED 25.9.2009 IN E.A.NO.239/09 IN E.P.NO.104/09 IN O.S.NO.739/06 OF THE ADDL.MUNSIFF COURT, NEYYATTINKARA. /TRUE COPY/ P.A. TO JUDGE S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.32498 OF 2009 (O) ----------------------------------- Dated this the 15th day of December, 2009 J U D G M E N T Petitioners are the judgment debtors in E.P.No.104 of 2009 in O.S.No.739 of 2006 on the file of the II Additional Munsiff Court, Neyyattinkara. Towards the liability due from the predecessor of the judgment debtors, the husband of the 1st petitioner and father of the other petitioners, a suit for recovery of money was filed by the respondent/plaintiff and it was decreed allowing the plaintiff to realise the suit claim from the estate inherited by the judgment debtors from late Vincent, the debtor, their predecessor. In execution, a property belonging to the petitioners/judgment debtors was proceeded for attachment, which was objected to by them contending that they have not inherited any estate from late Vincent. On the materials placed, it is seen that they have received an amount of Rs.2,90,746/- as service benefits of late Vincent. The court below allowed the attachment application WPC.32498/09 2 vide Ext.P10 order. Propriety and correctness of Ext.P10 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 2. I heard the counsel on both sides. It is seen, the decree granted was for a sum of Rs.59,500/- allowing the respondent/decree holder to realise that sum from the assets inherited by petitioners 1 to 4 from late Vincent. It has come out that the judgment debtors have received a sum of Rs.2,90,746/- as service benefits of late Vincent. When that be so, I find no impropriety or illegality in Ext.P10 order passed by the court below. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp