IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 10723 of 2010(O) -------------------------- E.P.2144/2009 IN OS.575/2007 of III ADDL. M.C.,THRISSUR .................... PETITIONER(S): --------------- PEARL KURIAN, S/O.KURIAN, NADAKKAVUKARAN HOUSE, PUZHAKKAL ROAD, NEAR FAMILY COURT, AYYANTHOLE-680003 TRICHUR DISTRICT. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.T.PRAVEEN RESPONDENT(S): --------------- ARANATTUKARA KURIES LTD., THRISSUR TALUK, THRISSUR DISTRICT. ADV. SRI.DEVAN RAMACHANDRAN SRI.SUMESH KUMAR N.C. SRI.K.M.ANEESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 10723/2010 APPENDIX PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE DECREE IN O.S.NO.575/2007 DATED 11.6.07 ON THE FILE OF THE MUNSIFF'S COURT, TRICHUR. EXT.P2: TRUE COPY OF THE EXECUTION PETITION NO.2144/2009 IN O.S.NO.575/07 ON THE FILE OF THE MUNSIFF'S COURT, TRICHUR. EXT.P3: TRUE COPY OF THE INTIMATION GIVEN TO THE PETITIONER BY SENIOR MANAGER, CATHOLIC SYRIAN BANK, CHALISSERY DATED 15.3.2010. N.K.BALAKRISHNAN, J. ---------------------------------------------------- W.P.(Civil) No.10723 of 2010 ---------------------------------------------------- Dated this the 11th day of March, 2011 Judgment The judgment-debtor in E.P.No.2144/2009 in O.S.No.575/2007 on the file of the Munsiff Court, Thrissur is the petitioner. The execution court passed an order under Order 21 Rule 46 to recover the decree debt by attaching the salary of the petitioner to the extent of Rs.4000/- per month. The petitioner is working as Assistant Manager in Catholic Syrian Bank. Learned counsel for the petitioner submits that the judgment-debtor is ready to pay the decree amount in instalments. He further submits that the attachment order passed in the matter causes much hardship to the petitioner. Learned counsel submits that the judgment-debtor is ready to pay the monthly instalments and hence the attachment order may be lifted. In view of the above submission, the impugned order is modified directing the judgment-debtor, the petitioner herein, to pay to the decree- holder Rs.4000/- per month towards the decree debt. This shall be paid on or before the 10th day of every month. The petitioner/judgment-debtor should file an affidavit before the WPC 10723/2010 2 execution court in terms of what is stated above within three weeks from today. If affidavit as aforesaid is filed, the attachment will stand lifted. It is made clear that if the petitioner commits breach of the undertaking, the order of attachment will stand revived. The Writ Petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd WPC 10723/2010 3