IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 WP(C).No. 10328 of 2010(O) ----------------------- OS.885/2007 of III ADDITIONAL MUNSIFF 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.T.PRAVEEN RESPONDENT : ---------------------- ASSOCIATED KURIES (P) LTD., NEW CHURCH CIRCLE, CHEMBUKKAVU VILLAGE, TRISSUR TALUK, TRICHUR DT., REPRESENTED BY CHAIRMAN SRI.P.M.THOMAS. BY ADV. SRI. JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 10328 of 2010(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE DECREE IN O.S. NO. 885/2007 DATED 24.9.2007 ON THE FILE OF THE MUNSIFF'S COURT, TRICHUR. EXT.P2 : COPY OF THE ORDER OF ATTACHMENT OF SALARY DATED 21.08.09. EXT.P3 : COPY OF THE INTIMATION GIVEN TO THE PETITIONER BY SENIOR MANAGER, CATHOLIC SYRIAN BANK, CHALISSERY DATED 09.09.2009. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn P.BHAVADASAN, J. --------------------------- W.P.(C) No. 10328 of 2010 --------------------------------- Dated this the 15th day of March, 2011 JUDGMENT This writ petition is filed against the order of attachment of the salary petitioner at the rate of Rs.2200/- per month. 2. The petitioner is the judgment debtor in E.P.No.375/2008 in O.S.No.885/2007 on the file of the Munsiff's Court, Trichur. The respondent the decree holder, obtained a money decree against the petitioner for realization of sum of Rs.50,800/-. The true copy of the decree in O.S.NO.885/2007 is marked as Ext.P1. 3. The petitioner is working as Assistant Manager in Catholic Syrian Bank and currently placed at Challissery, Trichur. The court below ordered to attach the salary of the petitioner and to recover a sum of Rs.2200/- per month till decree is satisfied. The true copy of the order is marked as Ext.P2. The communication received by the petitioner is marked as Ext.P3. Petitioner says that the order of attachment happened to be passed, as petitioner could not contest the execution petition as he was working at Tamil Nadu at relevant point of time. The petitioner undertakes to pay the amount in installments but prays that the attachment may be lifted. W.P.(C) No. 10328 of 1998 2 4. The petitioner offers to pay Rs.2,500/- per month. The salary now attached is Rs.2,200/- per month. The decree holder had seriously objected to the prayer made by the petitioner. 5. As the request is just and reasonable, it is accepted. The petitioner shall pay Rs.2,500/- per month before the 5th of every month beginning from April 2011 till the decree is wiped off. If three consecutive instalments are defaulted, the decree holder will be entitled to proceed to realise the amount in a lump sum. The attachment of salary ordered stands lifted. This Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE. ln