IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 23526 of 2010(O) -------------------------- OS.1800/2007 MUNSIFF COURT,THRISSUR .................................... PETITIONER: --------------- C.V.JOBY, S/O.LATE VARUNNI, CHEMMUNDA, SOORYA GRAMAM DESOM, CHEMBUKKAV VILLAGE, THRISSUR TALUK, TRICHUR DISTRICT. BY ADVS. SRI.A.MOHAMED MUSTAQUE SMT.LAKSHMI RAJAN RESPONDENT: ------------------- M/S.THRISSIVA KURIES & LOANS (P) LTD., RICE BAZAR, CHEMBUKKAVU, THRISSUR TALUK, THRISSUR DISTRICT, REPRESENTED BY ITS CHAIRMAN JOY KAVALAKKAT, PIN-680 609. BY ADV. SRI.JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, ALONG WITH WP(C) 23534/2010 & CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...2/- WP(C).No. 23526 of 2010 -2- APPENDIX PETITIONERS' EXHIBITS: EXT.P1: COPY OF THE DECREE IN O.S. NO. 1800/2007 ON THE FILE OF THE FIRST ADDITIONAL MUNSIFF COURT, THRISSUR. EXT.P2: COPY OF THE ATTACHMENT ORDER EP NO. 873/08 IN O.S. NO. 1800/07 ON THE FILE OF THE FIRST ADDITIONAL MUNSIFF COURT, THRISSUR. EXT.P3: COPY OF THE INTIMATION GIVEN TO THE PETITIONER DATED 14/7/2009 EXT.P4: COPY OF THE SALARY CERTIFICATE OF THE PETITIONER. RESPONDENTS EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn THOMAS P JOSEPH, J. --------------------------------------- W.P.(C) NOS.23526, 23534 AND 24740 OF 2010 ------------------------------------------------------------------ Dated this the 7th day of September, 2010. JUDGMENT These writ petitions are in challenge of separate orders passed by the executing court in E.P.Nos.1162 of 2008 (O.S.No.3066 of 2007), E.P.No.873 of 2008 (O.S.No.1800 of 2007 and E.P.No.2144 of 2009 (O.S.No.575 of 2007) of the court of learned Munsiff, Thrissur. Respondents in these writ petitions have obtained decrees for realisation of money against petitioners in these writ petitions. The salary of petitioner was attached in all the cases vide separate orders. When these writ petitions came up for hearing today learned counsel for petitioner submitted that petitioner is willing to pay amount due under the decrees in 10 (ten) monthly installments. Learned counsel for respondents also are agreeable to that course. In the circumstances, it is not necessary to interfere with the order attaching salary of petitioner vide the impugned orders. Resultantly, these writ petitions are disposed of in the following lines: 1. Petitioners are permitted to pay the amount due under the respective decrees against them in 10 (ten) monthly installments provided that by the last installment the entire amount due under the respective W.P.(C) NOS.23526, 23534 2 AND 24740 OF 2010 decrees is paid. 2. The installment payment shall commence from 01-10-2010 onwards. The amount shall be paid to the decree holder concerned against proper receipt and certified in executing court or, deposited in the executing court, before the 5th day of every month. 3. In case of default in payment of any two installments or, the entire amount is not paid by the last installment as aforesaid, it will be open to the respondents/decree holders to proceed with the orders under challenge and realise the amount by attachment of the salary of the petitioner's. 4. Until the expiry of the 10 (ten) months from 01-10-2010 or, till default as aforesaid is committed is whichever is earlier, the order of attachment shall remain in abeyance. THOMAS P JOSEPH,JUDGE. pm