IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 34159 of 2008(N) --------------------------------------------- OS.65/2005 of MUNSIFF COURT, KARUNAGAPPALLY .................... PETITIONER: JOSEPH FERNANDEZ, S/O.JOSEPH, THOPPIL VEEDU, NEAR CHAPEL, KULANGARA BHAGOM, CHAVARA P.O. BY ADV. SRI. K.SHAJ SRI.SAJJU.S RESPONDENT: THE MANAGER, STATE BANK OF TRAVANCORE, CHAVARA MAIN BRANCH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34159 of 2008 N -------------------------- JUDGMENT The first judgment debtor in O.S.No.65/05 on the file of the Munsiff's court, Karunagappally is the petitioner. The prayer in this writ petition is for a direction being given to the respondent to settle the dues of the petitioner as per Exhibit P4 after fairly and reasonably settling the interest dues with the Bank within a specified time stipulated by this Court and till then to stay the proceedings pursuant to Exhibit P4 order. 2. Exhibit P4 is an order, whereby, the execution court has ordered to attach an amount of Rs.1,500/- each from the monthly salaries of the judgment debtors. There is no reason to raise attachment ordered vide Exhibit P4 or to keep it in abeyance, as no ground is established to avoid execution of the decree when more than Rs.1,39,000/- is due as per the EP and the petitioner has no case that any considerable amount WPC 34159/08 2 from thereof has been recovered by attachment or otherwise or that there is no attachable portion in his salary as ordered. This writ petition is devoid of merit and is dismissed. 28th November, 2008 (K.P.Balachandran, Judge) tkv