SASI Vs. MURUKAN ACHARI

JUDGEMENT

(1.) The Respondent instituted O.S. No. 349 of 2004, Munsiff's Court, Thodupuzha against the Petitioner and his wife for damages for malicious prosecution. The suit was decreed for a sum of 50,000/- and the decree was confirmed in appeal.

(2.) The Respondent levied execution. He prayed for realising the decree amount by arrest and detention of the Petitioner, by attachment of his salary and if the amount is not realised by the same, by attachment and sale of the immovable property belonging to the Petitioner.

(3.) As a first step, the decree holder prayed for attaching the salary of the Petitioner. The decree holder contended that the attachable portion of the salary is 4,025/- per month. The Petitioner herein contended that the attachable portion is 3,450/- per month. The court below held that the attachable portion of the salary is 3,546/-, by the order impugned in this Writ Petition.