High Court Kerala High Court

C.K.Shaija vs Mar Apraim Kuri Company Ltd on 9 August, 2007

Kerala High Court
C.K.Shaija vs Mar Apraim Kuri Company Ltd on 9 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23983 of 2007(E)


1. C.K.SHAIJA, W/O. RAJAN, AGED 30 YEARS,
                      ...  Petitioner

                        Vs



1. MAR APRAIM KURI COMPANY LTD.,
                       ...       Respondent

                For Petitioner  :SRI.C.A.CHACKO

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :09/08/2007

 O R D E R
                     M.N.KRISHNAN, J.
               -----------------------------
                  WP(C)No.23983 OF 2007 E
               -----------------------------
             Dated this the 9th August, 2007.

                         JUDGMENT

This writ petition is filed seeking to set aside Ext.P3

order. The decree holder had obtained a decree against the

defendants and the present writ petitioner is one of the

legal representatives of deceased Koran. What the court

below has done is by effecting an order of attachment of

salary of the legal heir the decree debt is attempted to be

wiped out. It is a settled position of law that only the

assets available in the hands of the legal representatives

can be proceeded against and not the personal assets of the

legal heirs. Just because she had obtained employment

under the dying in harness scheme it will not entitle the

decree holder to attach her salary. The writ petitioner

has filed counter to that effect but the court below has

not considered it even. Therefore, the order passed by the

court below is per se illegal, which has to be set aside.

Therefore, I set aside the order passed by the court below

and direct the court to reconsider the matter in the light

of the objections filed by the writ petitioner, after

hearing both sides. Since it is being disposed of at the

admission stage itself, the court below is directed to give

notice to the decree holder, fix a date and then dispose of

WPC 23983/07 2

the matter in accordance with law. Till effective

adjudication is done the court shall not attach the salary

of the present writ petitioner. Writ petition is disposed

of accordingly.

M.N.KRISHNAN
Judge
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