IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 31529 of 2008(C) -------------------------------------------- OS.158/2001 of II ADDL.M.C.,THRISSUR .................... PETITIONER: M.V.CHACKO, AGED 53 YEARS, S/O.VARGHESE, MUTTATH HOUSE, OLLUR VILLAGE, THRISSUR. BY ADV. SRI.S.SUDHISH KUMAR RESPONDENT: FAIR KURIES (INDIA LTD) THRISSUR REPRESENTED BY ITS CHAIRMAN. ADV. SRI.SHIJU VARGHEESE SMT.A.K.RANI SRI.GOPAKUMAR G. (ALUVA) SRIPRAMOJ ABRAHAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.31529 of 2008 C -------------------------- JUDGMENT Petitioner is the first judgment debtor in O.S. No.158/01 on the file of the Munsiff's Court, Thrissur. In execution of the decree in the said suit for more than Rs.72,000/-, the respondent/ decree holder has filed Exhibit P4 execution petition, as per which the amount to be recovered is Rs.87,761/-. The manner of execution sought for inter alia was by attachment at the rate of Rs.1,500/- per month from the salaries of the petitioner/first judgment debtor. When the prayer was to attach at the rate of Rs.1,500/- per month from the salaries of the petitioner/first judgment debtor, the court below, vide Exhibit P6 order, has ordered attachment at the rate of Rs.3,000/- per month from the salaries of the petitioner/first judgment debtor without any further application made by the respondent/decree holder seeking raising of the amount of attachment. It is WPC 31529/08 2 submitted that it is on the court satisfying that attachable portion of the salary of the petitioner/ first judgment debtor is more than Rs.3,000/- that attachment was so ordered. The relief that is to be granted to the decree holder is as prayed for in the execution petition if that can allowed and it is not for the court to suo motu raise the amount at which attachment is to be ordered. 2. In the result, I set aside Exhibit P6 order passed by the court below and direct that attachment from the salaries of the petitioner/ first judgment debtor be reduced and fixed at the rate of Rs.1,500/- per month. The writ petition is disposed of with the above directions. 4th December, 2008 (K.P.Balachandran, Judge) tkv