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2010 Supreme(Online)(Ker) 19918

KERALA HIGH COURT
, J
X v. Y


Advocates:
For the Appellants/Petitioners: [Unnamed Counsel]
For the Respondents: [Unnamed Counsel]

1. The writ petition is filed seeking mainly the following reliefs:
i. quash Ext .P4 order by the issuance of a writ of certiorari.
ii. to direct the Court below to reconsider the matter and adjudicate the same and pass fresh order in accordance with law.
iii. to grant such other writ, order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.


2. Petitioner is the 3rd judgment debtor in EP No. 44 of 2009 in OS No. 189 of 2000 on the file of the Munsiff Court, Mavelikkara. The decree being executed in the above proceedings is one passed in a suit for money. A compromise decree was passed on the settlement arrived by the parties. Petitioner is a Government servant. Since the terms of the compromise were not complied, the 1st respondent / decree - holder proceeded with execution and pursuant to orders passed by the Court, a sum of Rs.1,000/- per month from the salary of the petitioner / 3rd judgment debtor was attached and it continued for a period of 24 months. The decree - holder thereafter moved for realising the balance amount due under the decree from the petitioner / 3rd judgment debtor seeking for an attachment over the remainin











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