A K SUSEELA Vs. INASU

JUDGEMENT

(1.) THE writ petitioner seeks to issue a writ of mandamus commanding the second respondent to produce full details of attachment effected from the salary of the petitioner in E. P. 517/04 in O. S. 566/2000 and to declare that the salary of the petitioner is finally exempt from attachment in execution of the decree in O. S. 566/2000 of the Chittur Munsiff Court. It is the case of the writ petitioner that the salary is attached for a period of 26 months and it is against the mandate of the proviso to Section 60 (1) (i) C. P. C.

(2.) PROVISO to Section 60 (1) (i) stipulates that where attachment has been made in execution of one and the same decree, shall, after the attachment has continued for a total period of twenty four months, be finally exempt from attachment in execution of that decree.

(3.) SO, it is mandatory not to attach the salary of a person in execution of one decree for more than twenty four months. If salary is attached, thereafter it is against law and it has to be instantaneously stopped. Since it is contended that already attachment of 26 months had been effected, I direct the second respondent not to effect any attachment hereafter till a direction is given by the Munsiff.