IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH OCTOBER 2011 / 3RD KARTHIKA 1933 OP(C).No. 3448 of 2011(O) ------------------------------------- [E.P.NO.733/2011 IN OS.NO.2223/2006 MUNSIFF'S COURT,THRISSUR] .................... PETITIONER: ------------------- PEARL KURIAN, S/O. KURIAN, NADAKKAVUKARAN HOUSE, PUZHAKKAL ROAD, NEAR FAMILY COURT, AYYANTHOLE - 680 003, TRICHUR DT. BY ADVS. SRI.A.MOHAMED MUSTAQUE, SRI.K.R.AVINASH (KUNNATH). RESPONDENT: ---------------------- KARUNYA KURIES AND LOANS (P) LTD., CHEHMBUKKAVU, HIGH ROAD, TRICHUR - 680 001. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).NO.3448/2011-O: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE DECREE IN O.S. NO. 2223/06 PASSED BY THE MUNSIFF COURT, THRISSUR. EXT.P.2: COPY OF THE INTIMATION. EXT.P.3: COPY OF THE LETTER DTD. 14/10/2011. EXT.P.4: COPY OF THE LATEST SALARY CERTIFICATE OF THE PETITIONER. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3448 of 2011 -------------------------------------- Dated this the 25th day of October, 2011. JUDGMENT The judgment debtor in E.P.No.733 of 2011 in O.S.No.2223 of 2006 of the court of learned Munsiff, Thrissur is the petitioner. He is aggrieved by Ext.P2, order attaching his salary at the rate of `10,000/- per month for a period of 12 months. 2. Learned counsel submits that the basic salary of the petitioner is `29,700/- and there is already a court attachment for `4,950/-. 3. Having heard learned counsel I am inclined to direct that Ext.P2, order will stand in abeyance provided petitioner pays/deposits the sum of `.10,000/- in the executing court for payment to the respondent every month and in case of default, the order of attachment will stand revived for the remaining period. Resultantly this Original Petition is disposed of as follows: Ext.P2, order will stand in abeyance during the period of 12 months stated therein subject to the following conditions: i. Petitioner shall pay/deposit in the executing court for payment to the respondent `10,000/- (Rupees Ten thousand only) per month OP(C)No.3448/2011 2 without default. ii. In case of any default, Ext.P2, order will stand revived and will remain in force during the remaining period (after excluding the period during which petitioner has paid/deposited amount as aforesaid). THOMAS P.JOSEPH, Judge. cks