RAJAN VARGHESE Vs. R SREELATHA

JUDGEMENT

(1.) EXHIBIT P1, order passed by the learned Additional Sub Judge, Kottayam in E.A. No.155 of 2009 in E.P. No.175 of 2007 in O.S. No.500 of 2004 directing the Garnishee to deposit in court `.2,60,198/- out of the amount in deposit No.CD 258/1 in the name of judgment No.1 is under challenge in this petition.

(2.) LEARNED counsel for respondent No.1-decree holder has raised a preliminary objection as to maintainability of the petition at the instance of petitioner-judgment debtor No.2 since according to the learned counsel amount in deposit belonged to judgment debtor No.1, Ninans Industrial and Technological Education Society (for short, "the NIT") which is represented in the execution proceeding by its Managing Director. It is however pointed out by learned counsel that petitioner-judgment debtor No.2 is the Chairman of the NIT (judgment debtor No.1). Since it is not disputed before me that petitioner is Chairman of the NIT (judgment debtor No.1), I am persuaded to think that he is competent to challenge the order against judgment debtor No.1.