IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 23330 of 2008(B) -------------------------- AGAINST THE ORDER IN EP 9/2007 IN OS.2/2007 of MUNSIFF COURT,PATHANAMTHITTA .................... PETITIONER: ------------ M.N.SURENDRAN, KONATTU HOUSE, KONNI, PATHANAMTHITTA, NOW WORKING AS ASSISTANT PUBLIC PROSECUTOR, JUDICIAL FIRST CLASS MAGISTRATE COURT, ETTUMANOOR. BY ADV. SRI.C.S.MANILAL SRI.S.NIDHEESH RESPONDENTS: ------------- 1. THE FEDERAL BANK LTD., PATHANAMTHITTA, REPRESENTED BY ITS CHIEF MANAGER. 2. SAM KOSHY, KADATHETHUTHENGUVILAYIL HOUSE, THUMPAMON ADOOR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.23330 OF 2008 =========================== Dated this the 14th day of August, 2008 JUDGMENT Petitioner is the first judgment debtor in O.S.2/2007 on the file of Munsiff Court, Pathanamthitta. For realisation of the decree debt respondent Bank instituted E.P.9/2007 for attachment of the salary. The executing court ordered attachment of salary at the rate of Rs.4000/- per month. It was challenged before this court in W.P.(C)No.35809/2007. Under Ext.P3 judgment accepting the submission of the petitioner that he will deposit Rs.4000/- the same portion of the salary which was directed to be attached by the executing court, before the decree holder Bank the order of attachment was directed not to be insisted and petitioner was permitted to make the payment. When petitioner failed to deposit the amount, Ext.P4 order was passed directing the attachment at the rate of Rs.4000/- from the W.P.(C)23330/2008 2 monthly salary. This petition is filed under Article 227 of the Constitution of India contending that failure to deposit the amount before the decree holder Bank was neither wilful nor due to any negligence on the part of the petitioner but only on account of the fault of his counsel and therefore Ext.P4 order is to be quashed. 2. Learned counsel appearing for petitioner and learned counsel appearing for respondents decree holder were heard. 3. Learned counsel appearing for petitioner had given the draft for the amount covered by the defaulted payments committed by the petitioner namely Rs.12000/-. Learned counsel appearing for petitioner submitted that petitioner is prepared to pay the entire balance decree debt in five equal monthly instalments. Accepting the submission, Ext.P4 order is directed to be kept in abeyance. Writ Petition is disposed permitting petitioner to pay the entire balance decree debt in five equal monthly instalments. The first monthly W.P.(C)23330/2008 3 instalment of Rs.9000/- to be paid on 1.9.2008 and the remaining four instalments on the first of every month. The last instalment shall be the entire balance amount. On failure to pay any one instalment, the decree holder is entitled to approach the executing court for directing attachment of the salary in which case executing court shall direct attachment as provided under Ext.P4. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006