IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 2405 of 2002()
1. P.A.GOKULAN, S/O.AYYAPPANKUTTY,
... Petitioner
Vs
1. LITTLE FLOWER KURIES AND ENTERPRISES
... Respondent
2. P.UNNIKRISHNAN, S/O.NARAYANAN NAMBIAR,
For Petitioner :SRI.BABU CHERUKARA
For Respondent :SRI.JIMMY JOHN VELLANIKARAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :12/09/2007
O R D E R
PIUS C. KURIAKOSE, J.
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C.R.P. No. 2405 OF 2002
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Dated this the 12th day of September, 2007
O R D E R
The 1st respondent decree holder is already served with notice.
The issue can be decided with the petitioner and the 1st respondent
already served. This Civil Revision Petition need not be treated as
defective.
2. In this Civil Revision Petition under Section 115 of the Code,
the petitioner who is the second judgment debtor impugns the order of
the learned Munsiff attaching his salary to the extent of Rs.1,800/- per
mensem for 24 months. This court became inclined to grant stay only
subject to the condition that attachment will operate to the extent of
Rs.800/- per mensem from out of the salary of the petitioner. The order
of stay was passed as early as on 13.11.02. The total decree debt, it is
seen was around Rs.26,000/- only. Obviously, the Execution Petition
was proceeding against other judgment debtors also. In all probability,
the decree debt has been realised. Even otherwise, I do not find any
infirmity about the impugned order which seems to have been passed
on the basis of some materials placed before the Execution Court
regarding the attachable portion of the petitioner’s salary.
I dismiss the Civil Revision Petition. However, I permit the
CRP No. 2405 of 2002
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petitioner to produce his latest salary certificate before the court below
and seek modification of the impugned order.
PIUS C. KURIAKOSE, JUDGE
btt
CRP No. 2405 of 2002
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