IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WP(C).No. 23020 of 2006(M) -------------------------- AGAINST THE ORDER DATED 12/04/2006 IN EP 164/06 IN OS.42/2002 of MUNSIFF COURT, PARAVUR .................... PETITIONER: ------------ PRINSON, AGED 42 YEARS, S/O. XAVIER, METTEKKAT HOUSE, CHATHEDAM DESOM, CHENDAMANGALAM VILLAGE, PARAVUR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT: ------------- 1. VIVEKA CHANDRIKA SABHA, PUTHENVELIKKARA, PUTHENVELIKKARA VILLAGE, REPRESENTED BY PRESIDENT, KESHAVAN, S/O.UNNI, THACHAPPILLY HOUSE. * 2. BALAN, S/O KUTTAN, VARAPARAMBIL HOUSE, PUTHENVELIKKARA VILLAGE, PARAVUR TALUK, PRESIDENT, VIVEKA CHANDRIKA SABHA PUTHENVELIKKARA ADDL. R2 IS IMPLEADED AS PER ORDER DT. 21.2.08 IN IA 15044/07. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO 23020/06 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE EXECUTION PETITION IN EP 164/06 IN OS 42/02 DT. 12.4.06 ON THE FILES OF THE MUNSIFF COURT, NORTH PARAVUR EXT.P2. COPY OF THE MEMO DT. 3.8.06 FILED BY THE PETITIONER. EXT.P3. COPY OF THE ORDER DT. 3.8.06 IN EP 164/06 IN OS 42/02 ON THE FILES OF THE MUNSIFF COURT, NORTH PARAVUR EXT.P4. COPY OF THE REVIEW PETITION EA 316/06 IN EP 164/06 IN OS 42/02 DT. 10.8.06 EXT.P5. COPY OF THE AFFIDAVIT DT. 11.8.06 FILED BY THE PETITIONER EXT.P6. COPY OF THE COUNTER DT. 14.8.06 IN EP 164/06 IN OS 42/02 /TRUE COPY/ PA TO JUDGE. M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 23020 OF 2006 --------------------- Dated this the 21st day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff, North Paravur, in EP 164/06 in OS 42/02 whereby she has directed attachment of the salary of judgment debtors 2 and 3 at the rate of Rs.1,500/- per month. It is against that decision, the present writ petition is preferred by the 1st judgment debtor, who is the principal debtor as well. It is submitted that the principal debtor is prepared to pay the amount at the rate of Rs.3,000/- per month and therefore attachment of salary of judgment debtors 2 and 3 may be avoided. 2. This court feels that the principal debtor is atleast having the mentality to defend the other judgment debtors fully knowing that he is the person who had enjoyed the usufructs of the loan transaction. Even if attachment is ordered, it will be only of Rs.3,000/- per month whereas the principal judgment debtor undertakes to pay Rs.3,000/- per month. This is a matter which requires consideration by the court below. WPC NO 23020/06 2 Therefore, I set aside the order of the court below and direct the writ petitioner herein to move an application again with proper parties on record with an undertaking to pay an amount of Rs.3,000/- per month. After hearing the decree holder, the court may pass appropriate orders. If the petitioner commits default in making the payment, certainly, the court below shall proceed against judgment debtors 2 and 3. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 23020/06 3 WPC NO 23020/06 4