MATHEW PHILIP ALIAS THANKACHAN Vs. K J EMMANUEL

JUDGEMENT

(1.) IN this writ petition under Section 227 of the Constitution of INdia filed by the judgment -debtor in EP 30 of 2006 of Munsiff Court, Pala, the writ petitioner challenges Ext. P4 order of the learned Munsiff dated February 22, 2007 holding that the execution petition is maintainable and ordering attachment of his salary in EA 205 of 2006 by Ext. P5 order dated February 22, 2007.

(2.) THE facts in brief are these: THE decree -holder filed CC 462 of 2001 before the Judicial First Class Magistrate Court, Pala under Section 138 of the Negotiable Instruments Act against the judgment -debtor/writ petitioner. It was referred to the Lok Adalath for Arising out of C. C. No. 462 of 2001 of Judicial First Class Magistrate Court, Pala, M. J. C. No. 469 of 2001 of this Court. conciliation. THE Lok Adalath passed the award, Ext. P1 dated October 11, 2003. THE decree -holder has filed the Execution petition before the Munsiff Court, Pala to execute that award.

(3.) THE main point which arises for consideration is whether the award Ext. P1 can be treated as a decree and can be executed through the Civil Court.