IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 OP(C).No. 1532 of 2011(O) ------------------------- AGAINST THE ORDER IN EA 884/09 IN EP 277/07 IN OS.977/2003 of PRL.M.C.,TRIVANDRUM .................... PETITIONER ------------------------- B.SUKESH, S/O.BALAKRISHNAN NAIR, T.C.(TRIVANDRUM CITY) 4/1950, PCWA (PANDITS COLONY WELFARE ASSOCIATION), A.52, KOWDIAR POST, THIRUVANANTHAPURAM, (JUDGEMENT DEBTOR). BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR SRI.P.M.SANEER SMT.A.NEENA JOSE SRI.V.S.THOSHIN RESPONDENT(S): --------------- 1. INDIAN BANK, THYCAUD BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY ITS BRANCH MANAGER, (DECREE HOLDER)-695 012. 2. THE DIRECTOR, OFFICE OF THE DIRECTORATE OF CENSUC OPERATIONS, KERALA, C.G.O.(CENTRAL GOVERNMENT OFFICE) COMPLEX, POONKULAM, VELLAYANI POST, THIRUVANANTHAPURAM-695 017. R1 BY ADV.SRI.S.EASWARAN, SC, INDIAN BANK THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1532 of 2011(O) PETITIONER'S EXTS: EXT.P1: COPY OF THE EXECUTION PETITION FILED BY THE DECREE HOLDER AS EP NO.277/07 IN OS NO.977/03 EXT.P2: COPY OF THE PETITION IN EA NO.884/09 IN EP NO.277/07 IN OS NO.977/03 FILED BY THE DECREE HOLDER. EXT.P3: COPY OF ORDER OF THE COURT BELOW DTD.28.9.2010 IN EA NO.884/09 IN EP NO.27707 IN OS NO.977/03 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. --------------------------------- O.P(C)No.1532 OF 2011 --------------------------------- Dated this the 20th day of June, 2011 JUDGMENT The petitioner is aggrieved by Ext.P3 ad interim order in E.A.No.884 of 2009 in E.P.No.277 of 2007 in O.S.No.977 of 2003 on the file of the Munsiff's Court, Thiruvananthapuram. In O.S.No.977 of 2003, a decree was passed against the petitioner on 21.7.2004. Execution Petition was filed in 2007 for realisation of the amount. It is stated by the petitioner that he was ex parte in the Execution Proceedings. In 2009, the decree holder filed E.A.No.884 of 2009 to pass an order of attachment attaching the retirement benefits due to the first judgment debtor (petitioner). The Executing Court passed an order dated 28th September, 2010 (Ext.P3) attaching a sum of `95,000/-(Rupees Ninety five thousand only) from the retirement benefits due to the petitioner (first judgment debtor). Ext.P3 is under challenge in this Original Petition. 2. The petitioner has not entered appearance before the Executing Court. He has not filed any counter to Ext.P3 application. If the order of R.P.No.355 OF 2011 2 attachment is against law as now contended by the petitioner, he can very well point out the same before the Executing Court. The Executing Court is bound to consider such objection, notwithstanding that the judgment debtor did not appear before the Executing Court earlier. Even if the party does not appear before the Executing Court at the earlier stages, that does not mean that he cannot raise a contention that the property attached was not liable to be attached. 3. The petitioner is permitted to file objections to E.A.No.884 of 2009 before the Executing Court within a period of three weeks. The Executing Court shall consider the objections and pass appropriate orders, after affording an opportunity of being heard to the petitioner and the decree holder. Orders shall be passed by the Executing Court within a period of three months. K.T.SANKARAN, JUDGE. cms