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2010 Supreme(Online)(KER) 27491

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
K.K.PRAKASAN – Appellant
Versus
ANGAMALY CHITTY FUND – Respondent


Advocates:
SRI.BIJU ABRAHAM

JUDGMENT

Judgment debtor No.3 in E.P.No.147 of 2007 in O.S.No.60 of

2006 of the court of learned Sub Judge, North Paravur is the petitioner. He is aggrieved by Ext.P6, order dated 16-08-2010 attaching his salary to the extent of Rs.4,000/- per month.

2. It is contended in this writ petition that order of attachment is not correct in that excluding deductions from the salary executing court could not have ordered attachment of Rs.4,000/- per month . That contention is however not pursued before me, nor do I find reason to interfere with the impugned order also having regard to Exts.P3 to P5 produced by the petitioner.

3. Learned counsel has submitted that petitioner is about to avail a loan for construction of a residential building and that if his salary is attached, he may find it difficult to avail the housing loan. Learned counsel states that petitioner is prepared to deposit in the executing court @Rs.4,000/- per month until the decree debt is discharged. Learned counsel requested that in the circumstance permitting petitioner to deposit @Rs.4,000/- per month in the executing court the order of attachment may be kept in abeyance.

4. I have given an anxious consideration to the reque

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