IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP(C).No. 2564 of 2011(O) ------------------------- AGAINST THE ORDER IN EP.476/2004 IN OS.142/2003 of ADDL.SUB COURT, NORTH PARAVUR .................... PETITIONERS: ---------------------- 1. P.O. PATHROSE, S/O. OUSEPH, LIC OF INDIA, ANGAMALY - 683 572. 2. JEESON JOSEPH, S/O. JOSEPH UNDADAN, LIC OF INDIA, ANGAMALY - 683 572. BY ADV. SRI.WILSON URMESE RESPONDENT(S): ---------------------------- 1. ANGAMALY CHITTY FUND (P) LTD., ANGAMALY - 683 572. 2. K.V. GOPINATHAN, S/O. VELAYUDHAN, (POLICE CONSTABLE, PCE 6612), RESIDING AT KADAMBANAD HOUSE, KOTHADU KARA, KADAMAKUDI.P.O, KANAYANNOOOR TALUK, PIN - 683 027. 3. A.S. HARIDEV JOSHI, LIC OF INDIA, THRISSUR, RESIDING AT AMBATTUPARAMBIL, PULIYANA KARA, PULIYANAM.P.O, PARAKKADAVU VILLAGE, PIN - 683 572. 4. V.G. RAJAN, S/O. GOPALAN, VILANGUMPURATH, KIDANGOOR KARA, KIDANGOOR.P.O, THURAVOOR VILLAGE, PIN - 683 572. Kss ..2/- ..2.... OPC.NO.2564/2011 5. A.K. SUMATHY, NEW INDIA ASSURANCE CO.LTD, A.M. ROAD, PERUMBAVOOR.P.O, PIN - 683 542. 6. MANJULA RAJAN, W/O. RAJAN, VILANGUMPURATH VEEDU, KIDANGOOR KARA, KIDANGOOR.P.O, THURAVOOR VILLAGE, PIN - 683 572. 7. A.S. SAJEEV, S/O. SANKARAN, AMBATTUPARAMBIL, PULIYANA KARA, PULIYANAM.P.O, PARAKKADAVU VILLAGE, PIN - 683 572. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.2564/2011 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EXECUTION PETITION IN E.P.NO.476/04 IN O.S.NO.142/03 OF THE ADDITIONAL SUB COURT, NORTH PARAVUR. P2: COPY OF THE SALE NOTICE DTD. 25/11/2010. P3: COPY OF THE CERTIFICATE ISSUED ON THE BASIS OF PROCEEDINGS DTD. 20/06/2011. P4: COPY OF THE LETTER DTD.28/06/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2564 of 2011 --------------------------------------- Dated this 05th day of August, 2011 JUDGMENT Petitioners are judgment debtors 4 and 5 in E.P.No.476 of 2004 in O.S.No.142 of 2003 of the Court of learned Additional Sub Judge, North Paravur. First respondent/decree holder has obtained a decree for recovery of money against petitioners and respondents 2 to 7 who are judgment debtors 1 to 3 and 6 to 8. The decree was passed on 31.03.2004 for recovery of Rs.6,06,000/- with 10% interest and cost. Since the amount was not paid, first respondent filed execution petition and proceeded against the sixth respondent. Property of the sixth respondent was scheduled to be sold on 14.01.2011 but no auction was held and thereafter the matter was being adjourned. In the meantime first respondent filed an application to proceed against petitioners by attachment of their salary as they are employees of the Life Insurance Corporation. The executing court by Ext.P3, order has called upon the employer of petitioner to give details of their salary. At that stage, petitioner have approached this Court with this original petition under Art.227 of the Constitution. The prayer is that this Court should direct the executing court to O.P(C).No.2564 of 2011 -: 2 :- complete the steps against the property of the sixth respondent. 2. A copy of the decree is not produced in this Court to ascertain whether there is any direction to recover the amount from the property charged and thereafter proceed against the judgment debtors personally. Hence no such direction as prayed for could be granted. Even otherwise, Ext.P3, order is only to the effect that employer of petitioners shall give details of their salary. Any objection regarding attachment could be raised by petitioners before the executing court at the appropriate stage. There is no reason why this Court should interfere in the matter when details of salary of petitioners is called for. This original petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-