IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 21ST MARCH 2007 / 30TH PHALGUNA 1928 CRP.No. 37 of 2007 ------------------------------ EP 704/97 IN OS.527/1982 of PRL.SUB COURT,THRISSUR .................... REVN. PETITIONERS/CR.PETITIONERS/JUDGMENT DEBTORS: 1. C.DAMODARAN, TELEGRAPHMAN, CENTRAL TELEGRAPH OFFICE, RESIDING AT KEDHARAM, 1/4339A, P.M.KUTTY ROAD, CALICUT-6. 2. C.SASIDHARAN, CLERK, CANARA BANK, MELADY BRANCH, KOZHIKODE. BY ADV. SRI.V.G.ARUN RESPONDENT/PETITIOENR/DECREE HOLDER: THE ORIENTAL KURIES LIMITED, TRICHUR. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ---------------------------- C.R.P.No. 37 of 2007 ---------------------------- ORDER The grievance of the petitioners, who are the judgment debtors in O.S.No.527/82 on the file of the Sub Court, Thrissur, is that attachment of amounts at the rate of Rs.1867/- and Rs.1600/- per month respectively from the salaries of the first and second petitioners as per order dated 12.3.1999 of the execution court is excessive; that the rate at which attachment has to be effected was modified and reduced to Rupees thousand per month from the salaries of both the petitioners vide order of this Court dated 4.10.1999 in C.R.P.No.966/99; that the court below has in view of the said order ordered attachment at the rate of Rupees one thousand per month from the monthly salaries of the petitioners in twenty four instalments with effect from 14.4.2006, without considering the attachment already made in compliance with the earlier order CRP 37/07 2 passed by the execution court in 1999. 2. With the details furnished before this Court by the counsel for the petitioners, it is not discernible as to how many months salary was under attachment, pursuant to the order of the execution court dated 12.3.1999. Further, it is seen that modification of the order made by this Court in C.R.P.No.966/99, as early as on 4.10.1999, was not brought to the notice of the execution court, either by the petitioners, who ought to have brought it to the notice of the court or by the decree holder till 14.8.2006, when the impugned order is passed. It is for the petitioners to point out before the execution court as to how much amount was brought to court by attachment from the monthly salaries of the petitioners; as to whether the entire decree debt has come to court or as to whether no further attachment can be had from their monthly salaries for the time being, etc. CRP 37/07 3 Without prejudice to the petitioners moving the execution court in the matter with all relevant details, I dismiss this Civil Revision Petition. 21st March, 2007 (K.P.Balachandran, Judge) tkv