IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 24586 of 2009(O) -------------------------- AGAINST THE ORDER IN EP 454/06 IN OS.20/2000 of II ADDL.SUB COURT,THRISSUR .................... PETITIONER: --------------- DR.SURESH P.V, ASSISTANT SURGEON, D.ORTHO, CHAVAKKAD TALUK HOSPITAL, CHAVAKKAD, RESIDING AT PALAKKAL HOUSE, AISWARYA, ARIKKATH LANE, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN SMT.PREETHI RAMAKRISHNAN RESPONDENTS: --------------- 1. SAKTHEN KURIES & LOAN(P) LIMITED, CHEMBOOKKAVU VILLAGE, THRISSUR TALUK,. 2. DR.P.V.SATHEESH, PADMA NAGAR, OLLOOKKARA MANNUTHY, THRISSUR. ADV. SRI.G.SREEKUMAR (CHELUR) FOR R1 SMT.PREETHY KARUNAKARAN FOR R1 SRI.K.RAVI (PARIYARATH) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX(WPC 24586/09) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF E.P.NO.454/06 IN O.S.NO.20/2000 ON THE FILE OF THE SUB COURT, THRISSUR. EXT.P2: TRUE COPY OF OBJECTIONS FILED BY THE PETITIONER IN E.P.NO.454/06 IN O.S.NO.20/2000. EXT.P3: TRUE COPY OF DOCUMENT LIST PRODUCED BY THE 1ST RESPONDENT IN E.P. EXT.P4: TRUE COPY OF PROOF AFFIDAVIT DATED 4.7.09 FILED BY THE PETITIONER IN E.P.NO.454/06 IN O.S.NO.20/2000. EXT.P5: TRUE COPY OF ORDER DATED 11.8.09 PASSED IN E.P.NO.454/06 IN O.S.NO.20/2000 BY THE ADDL. SUB JUDGE, THRISSUR. S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.24586 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 3rd December, 2009 JUDGMENT Petitioner is the first judgment debtor in E.P.No.454 of 2006 in O.S.No.20 of 2000 on the file of the II Additional Sub Court, Thrissur. First respondent is the decree holder, and second respondent/second judgment debtor in the E.P. Decree executed is one passed in a suit for money. In execution of the decree, the court below has passed P5 order directing issue of warrant against both the judgment debtors. Petitioner/1st judgment debtor has filed this writ petition challenging the propriety and correctness of P5 order invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. I heard the counsel for the petitioner and also the 1st respondent/decree holder. At the time of hearing, learned counsel for the petitioner submits that even in his objections to the execution petition expressing his inability to pay the entire decree debt in lump, but, willingness to submit an order of attachment of the amount as fixed by the court from his salary without proceeding for attaching the attachable portion of his salary, it is submitted, the court below W.P.C.No.24586/09 - 2 - has straightway ordered for issuing warrant. Petitioner is stated to be a doctor in Government service and before revision, he was getting about Rs.14,000/-. Now his pay has considerably increased after the revision is also pointed out by the counsel to submit that reasonable sum can be fixed with reference to the attachable portion of his salary by orders of the court. Learned counsel submits that even if an order of attachment against the petitioner is ordered, since the decree debt is more than Rs.4 lakhs, it will not enable the decree holder to enjoy the fruits of the decree in the near future. 3. Having regard to the submissions made by the counsel on both sides, and also the facts and circumstances presented, I find, in the interest of justice, the request made by the petitioner/1st judgment debtor for effecting the attachable portion of salary by way of an order of attachment by the court to satisfy the decree debt has to be proceeded with at the first instance and in case it is found not impracticable for any reason whatsoever, then the execution court can proceed for personal execution by arrest of the judgment debtor. So much so, setting aside P5 order, the court below is directed to pass an order to attach the reasonable sum from the attachable portion of the salary of the petitioner/1st judgment debtor. To enable W.P.C.No.24586/09 - 3 - the court to do so within two weeks from the date of this judgment, petitioner/1st judgment debtor shall produce his salary certificate for the current month of December. In case, the petitioner fails to produce the salary certificate, the court below need not pass any order of attachment and it has to issue fresh warrant for realisation of the decree debt. The order to proceed for attachment from the salary is limited only in the case of the petitioner/1st judgment debtor alone and not in respect of the 2nd judgment debtor who has not raised any challenge against the order. Writ Petition is disposed as indicated above. srd S.S. SATHEESACHANDRAN, JUDGE