IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 WP(C).No. 5961 of 2008(I) ------------------------- AGAINST THE ORDER IN EP 335/2007 IN OS.812/2004 of MUNSIFF COURT, NORTH PARAVUR .................... PETITIONERS: ---------------------- 1. SHAJU, AGED 34 YEARS, S/O.CHIKKU, KAIMATHURUTHY HOUSE, PUTHENVELIKKARA VILLAGE, PARAVUR TALUK, ERNAKULAM DISTRICT. 2. BERT, S/O.FRANCIS, KURIYAPPILLY HOUSE, MANALIKKAD DESOM, MADATHUMPADY VILLAGE, KODUNGALLUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.SAJEEV RESPONDENT: ----------------------- MILLENIUM ENTERPRISES, PUTHENVELIKKARA, REPRESENTED BY ITS MANAGING PARTNER ANTONY, AGED 48 YEARS, S/O.CHIKKU, THARAYIL HOUSE, THURUTHIPURAM KARA, PUTHENVELIKKARA VILLAGE, NORTH PARAVUR, ERNAKULAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 5961 OF 2008 --------------------- Dated this the 20th day of February, 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff court, North Paravur, whereby there has been an order of attachment of the salary of the 2nd judgment debtor at the rate of Rs. 2,500/- per mensum. 2. The writ petitioners would contend that the order of attachment is without hearing and it is further submitted that they are prepared to pay at the rate of Rs.3,000/- per month. Offer appears to be better and therefore there is no point in ordering attachment of the salary at this stage without giving an opportunity to the judgment debtors. 3. Therefore, I set aside the order of the learned Munsiff and permit the writ petitioners to pay the amount at the rate of Rs.3,000/- per month commencing from 24.3.08 till the decree debt is discharged. If the writ petitioners commit default in making payment of the first instalment and later of two consecutive instalments, the benefits conferred on the judgment debtors will be deemed to be WPC NO 5961/08 2 cancelled and the decree holder will be at liberty to request the court for attachment of salary of the 2nd judgment debtor and for other reliefs against 1st judgment debtor. Since I have granted time, the court shall address the authorities concerned not to attach salary of the 2nd judgment debtor until a default is made. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps WPC NO 5961/08 3 WPC NO 5961/08 4