JUDGMENT : N. NAGARESH, J. 1. Petitioners both in these writ petitions have approached this Court seeking to direct the respondents not to proceed with recovery from their salary towards repayment of loans availed from the 1 st respondent-Bank. 2. The petitioner in W.P.(C) No.17914/2025 submits that his mother availed a loan from the 1 st respondent-Cheruvannoor Service Co-operative Bank Limited on 17.03.2018 creating an equitable mortgage. The petitioner was made a co-obligant. In fact, the petitioner's mother had provided valuable property as security. 3. When loan account fell into arrears, the sale officer issued Ext.P6 auction notice intending to proceed against the mortgaged property. However, the petitioner was served with Ext.P7 auction notice directing the petitioner to remit Rs. 6,05,691/- failing which coercive steps were to be taken. Thereafter, the Secretary of the Bank issued Ext.P8 proceedings on 16.04.2025 to the Headmistress of the School where the petitioner is engaged as a Teacher. Ext.P8 seeks to deduct amounts from the petitioner's salary every month. 4. The petitioner states that there is substantial security provided by the borrower. The petitioner himself had repaid substantial amounts towards the loan account. Therefore, Ext.P8 proceedings is illegal and unjust. The petitioner has to spend huge for the treatment of his wife. Various amounts remitted by the petitioner have not been given credit. The amount due is not duly quantified. The KSFE has also initiated proceedings to recover amounts from the petitioner's salary in respect of a chitty where the petitioner is a guarantor. The salary is sought to be recovered in violation of Section 60 of the Code of Civil Procedure. Exts.P1 and P6 to P8 are therefore liable to be quashed. 5. The petitioner in W.P.(C) No.17995 of 2025 is also employed as a Teacher in an Aided School. The petitioner stood as a surety to the 3 rd respondent for a chitty transaction. Now, proceedings have been issued to deduct Rs. 10,000/- per month from the petitioner's salary. The said proceedings have been issued without giving an opportunity of hearing to the petitioner and are in violation of Section 60 of the Code of Civil Procedure, contends the petitioner. The petitioner's monthly net salary is Rs. 34,634/- and he is already facing another salary deduction in connection with a loan availed by his mother from Cheruvannur Service Co-operative Bank. The wife of the petitioner is also undergoing continuous medical treatment. 6. The petitioner's monthly net salary is Rs. 34,634/- and he is already facing another salary deduction in connection with a loan availed by his mother from Cheruvannur Service Co-operative Bank. The wife of the petitioner is also undergoing continuous medical treatment. 6. The 2 nd respondent, Branch Manager of KSFE, in W.P.(C) No.17995 of 2025 filed counter affidavit. The petitioner in the writ petition is a Teacher in an Aided School and he had given an undertaking/agreement permitting recovery from his monthly salary in case of default in repayment. The petitioner has expressly agreed, consented and also has permitted the KSFE to recover default amount from salary. As per Section 128 of the CONTRACT ACT , the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. The petitioner had an option not to stand as surety. But, the petitioner came forward to sign guarantee agreement offering to recover money from his salary in case of default. The writ petition is liable to be dismissed. 7. I have heard the learned counsel for the petitioner and the respective learned Standing Counsel appearing for respondents 1 and 2, in both the writ petitions. 8. In both the writ petitions, the petitioners have stood as guarantors to the principal debtors who availed financial advance from the financial institutions. When the institutions sought recovery of amounts due to them proposing to auction the mortgaged property and also seeking to recover amounts from the salary of the petitioners, the petitioners have filed these writ petitions. The prime ground put forth by the petitioners in these writ petitions is that recovery from their salary violates Section 60 of the Code of Civil Procedure. There are other recoveries also from their salaries and the excessive recovery from their salary would offend Section 60 of the Code of Civil Procedure. Section 60 CPC deals with the property liable to attachment and sale in execution of a decree. Section 60 reads as follows: “60. There are other recoveries also from their salaries and the excessive recovery from their salary would offend Section 60 of the Code of Civil Procedure. Section 60 CPC deals with the property liable to attachment and sale in execution of a decree. Section 60 reads as follows: “60. Property liable to attachment and sale in execution of decree - (1) The following property is liable to attachment and sale in execution of a decree, namely, lands, houses or other buildings, goods, money, bank notes, cheques, bills of exchange, hundis, promissory notes, Government securities, bonds or other securities for money, debts, shares in a corporation and, save as hereinafter mentioned, all other saleable property, movable or immovable, belonging to the judgment-debtor, or over which, or the profits of which, he has a disposing power which he may exercise for his own benefit, whether the same be held in the name of the judgment-debtor or by another person in trust for him or on his behalf: Provided that the following properties shall not be liable to such attachment or sale, namely:- (a) the necessary wearing-apparel, cooking vessels, beds and bedding of the judgment-debtor, his wife and children, and such personal ornaments as, in accordance with religious usage, cannot be parted with by any woman; (b) tools of artisans, and, where the judgment-debtor is an agriculturist, his implements of husbandry and such cattle and seed-grain as may, in the opinion of the Court, be necessary to enable him to earn his livelihood as such, and such portion of agricultural produce or of any class of agricultural produce as may have been declared to be free from liability under the provisions of the next following section; (c) houses and other buildings (with the materials and the sites thereof and the land immediately appurtenant thereto and necessary for their enjoyment) belonging to [an agriculturist or a labourer or a domestic servant] and occupied by him; (d) books of account; (e) a mere right to sue for damages; (f) any right of personal service; (g) stipends and gratuities allowed to pensioners of the Government [or of a local authority or of any other employer], or payable out of any service family pension fund notified in the Official Gazette by [the Central Government or the State Government] in this behalf, and political pension; (h) the wages of labourers and domestic servants, whether payable in money or in kind. (i) salary to the extent of [the first [one thousand rupees]] and two-thirds of the remainder] [in execution of any decree other than a decree for maintenance]: Provided that where any part of such portion of the salary as is liable to attachment has been under attachment, whether continuously or intermittently, for a total period of twenty-four months, such portion shall be exempt from attachment until the expiry of a further period of twelve months, and, where such 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; (ia) one-third of the salary in execution of any decree for maintenance; (j) the pay and allowances of persons to whom the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), applies] (k) all compulsory deposits and other sums in or derived from any fund to which the Provident Funds Act, [1925 (19 of 1925)], for the time being applies in so far as they are declared by the said Act not to be liable to attachment; (ka) all deposits and other sums in or derived from any fund to which the Public Provident Fund Act, 1968 (23 of 1968), for the time being applies, in so far as they are declared by the said Act as not to be liable to attachment; (kb) all moneys payable under a policy of insurance on the life of the judgment-debtor; (kc) the interest of lessee of a residential building to which the provisions of law for the time being in force relating to control of rents and accommodation apply; (l) any allowance forming part of the emoluments of any [servant of the Government] or of any servant of a railway company or local authority which the [appropriate Government] may by notification in the Official Gazette declare to be exempt from attachment, and any subsistence grant for allowance made to [any such servant] while under suspension; (m) an expectancy of succession by survivorship or other merely contingent or possible right or interest; (n) a right to future maintenance; (o) any allowance declared by [any Indian law] to be exempt from liability to attachment or sale in execution of a decree; and (p) where the judgment-debtor is a person liable for the payment of land-revenue; any movable property which, under any law for the time being applicable to him, is exempt from sale for the recovery of an arrear of such revenue. Explanation I - The moneys payable in relation to the matters mentioned in clauses (g), (h), (i) (ia), (j), (l) and (o) are exempt from attachment or sale, whether before or after they are actually payable, and, in the case of salary, the attachable portion thereof is liable to attachment, whether before or after it is actually payable. Explanation II - In clauses (i) and (ia)]"salary" means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (l), derived by a person from his employment whether on duty or on leave. Explanation [III] - In clause (l) "appropriate Government" means— (i) as respect any [person] in the service of the Central Government, or any servant of [a Railway Administration] or of a cantonment authority or of the port authority of a major port, the Central Government; (ii) [***] (iii) as respects any other servant of the Government or a servant of any other [***] local authority, the State Government. Explanation IV - For the purposes of this proviso, "wages" includes bonus, and "labourer"includes a skilled, unskilled or semi-skilled labourer. Explanation V - For the purposes of this proviso, the expression "agriculturist" means a person who cultivates land personally and who depends for his livelihood mainly on the income from agricultural land, whether as owner, tenant, partner, or agricultural labourer. Explanation VI - For the purposes of Explanation V, an agriculturist shall be deemed to cultivate land personally, if he cultivates land - (a) by his own labour, or (b) by the labour of any member of his family, or (c) by servants or labourers on wages payable in cash or in kind (not being as a share of the produce), or both. (1A) Notwithstanding anything contained in any other law for the time being in force, an agreement by which a person agrees to waive the benefit of any exemption under this section shall be void. (2) Nothing in this section shall be deemed [***] to exempt houses and other buildings (with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land, [***].” 9. (2) Nothing in this section shall be deemed [***] to exempt houses and other buildings (with the materials and the sites thereof and the lands immediately appurtenant thereto and necessary for their enjoyment) from attachment or sale in execution of decrees for rent of any such house, building, site or land, [***].” 9. Section 60 (1)(i) provides that salary to the extent of the first one thousand rupees and two third of the reminder alone can be attached in execution of any decree other than a decree for maintenance. It is to be noted that Section 60 will come into play only when the attachment and sale is in execution of a decree. 10. In the case of the petitioners, the recovery is sought pursuant to specific agreement/undertaking given by the petitioners that defaulted amounts can be recovered from their salary. When the petitioners have voluntarily given such undertaking and executed agreements with the financial institutions, the petitioners cannot make excuse under Section 80 CPC. 11. The further argument of the petitioner in W.P.(C) No.17914/2025 is that the financial institutions need to sell in auction only that extent of property which is sufficient to wipe off the liability of the financial institution. The petitioners have not given any details of the valuation of the property mortgaged in order to conclude that only a portion of the property need be sold to wipe of the livability. It is also not discernible as to whether the property is of such a nature that a portion of the property can be divided and sold. In the circumstances, this Court is not inclined to accept the said argument either. The writ petitions are therefore without any merit and are hence dismissed.