IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 OP(C).No. 4029 of 2011(O) -------------------------------- OS.104/2005 of ADDL.SUB COURT,KOTTAYAM .................... PETITIONER: ---------------- BINU JOHN, AGED 38, S/O.LATE K.F.JOHN, KALLIKATT HOUSE, CHETHIMATTOM, PALA-686575. BY ADVS. M/S.VARGHESE & JACOB SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.P.J.VINOD JOSEPH RESPONDENT(S): -------------------- PVC CHIT FUND, KOSAMATTOM PUTHENPURA NATTASSERY KARA, VIJAYAPURAM VILLAGE, KOTTAYAM DISTRICT-686006. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 4029/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LAWYER NOTICE DATED 16-5-04 BY THE RESPONDENT TO THE PETITIONER. P2: COPY OF THE EP 163 OF 10 IN OS 432/2000 FILED BY THE RESPONDENT BEFORE THE SUB COURT, KOTTAYAM. P3: COPY OF THE SCHEDULE OF ATTACHMENT OF SALARY ATTACHMENT FILED BY THE RESPONDENT IN OS 104/05 OF SUB COURT, KOTTAYAM. P4: COPY OF THE OBJECTION FILED BY GUARANTOR DT.AUGUST,2010 IN EP IN OS 104/05 BEFORE SUB COURT, KOTTAYAM. P5: COPY OF A-DIARY PROCEEDINGS IN EP 163/10 IN OS 104/05 BEFORE SUB COURT, KOTTAYAM. P6: COPY OF THE ORDER DT.26-5-2011 IN EP 163/10 IN OS 104/05 BEFORE SUB COURT, KOTTAYAM. P7: COPY OF THE SALARY SLIP FOR THE MONTH OF OCTOBER ISSUED TO MR.USHAR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4029 of 2011 --------------------------------------- Dated this 12th day of December, 2011 JUDGMENT The challenge in this original petition is to Ext.P6, order attaching salary of the third judgment debtor in E.P.No.103 of 2010 in O.S.No.104 of 2005 of the Court of learned Additional Sub Judge, Kottayam. Petitioner who is the first judgment debtor contends that he is prepared to pay the amount @`.3,000/- per month and prays that the order of attachment against the third judgment debtor by Ext.P6, may be set aside. 2. Third judgment debtor is the person who has to challenge Ext.P6, order. He can either file a petition before the executing court to stay the attachment against him subject to condition of petitioner paying the amount if it is provided under law or the third judgment debtor can challenge Ext.P6, order. With the above directions this original petition is disposed of. Sd/- (THOMAS P. JOSEPH, JUDGE) Sbna/-