High Court Kerala High Court

P.H.Pathumma vs Itty Ipe Cherian on 19 June, 2007

Kerala High Court
P.H.Pathumma vs Itty Ipe Cherian on 19 June, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 36890 of 2004(N)


1. P.H.PATHUMMA, PAZHAYANPALLIL VEEDU,
                      ...  Petitioner

                        Vs



1. ITTY IPE CHERIAN,
                       ...       Respondent

                For Petitioner  :SRI.M.J.THOMAS

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :19/06/2007

 O R D E R
                             PIUS C. KURIAKOSE, J.

                  ..........................................................

                            W.P.(C)No.36890 OF 2004

                  ...........................................................

                      DATED THIS THE 19TH JUNE, 2007


                                   J U D G M E N T

This Writ Petition is remaining defective for non-completion of

service of notice on the respondent-decree-holder. Though the order

impugned is one for attachment of salary of the petitioner, according

to the petitioner, what is now ordered to be attached is in excess of

what is attachable under Section 60 C.P.C. Though this Court was

inclined to grant stay against the impugned order initially, the same

has not been extended after 24.1.2005. In all probability the

impugned order has become operative. If the petitioner continues to

be aggrieved by the impugned order, she is permitted to produce the

most recent salary certificate and seek review of the impugned order.

If such a review petition supported by the recent salary certificate of

the petitioner is received, the court below will pass orders after

hearing the decree-holder also.

The Writ Petition is disposed of as above.

(PIUS C.KURIAKOSE, JUDGE)

tgl

WP(C)N0.

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WP(C)N0.

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