Kakarla Srinivasulu Vs Koilanka Chandrakala

THE HON’BLE Ms. JUSTICE B.S.BHANUMATHI

Civil Revision Petition No.2080 of 2023

ORDER :

This revision, under Section 115 CPC, is filed against the order, dated 27.04.2022, in E.P.No.48 of 2020 on the file of the Court of I Additional Junior Civil Judge, Ongole, directing attachment of salary of the judgment debtor for realization of the decretal amount in O.S.No.970 of 2019 on the file of the same Court.

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Heard Sri S. K. Kareemulla , learned counsel for the revision petitioner.

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The petitioner contended that the decree was passed ex parte within 1 ½ months after filing of the suit without giving any reasonable time to the defendant to contest the suit as the suit was filed on 02.11.2019 and the decree was passed on 26.12.2019. It is further contended that the revision petitioner/JDr is an employee earning meager salary which is not sufficient to maintain his family and that the execution Court erred in issuing ex parte order of attachment of his salary.

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BSB, J C.R.P.No.2080 of 2023

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The learned counsel for the revision petitioner reiterated the grounds raised in the revision petition and further sought liberty to take steps to challenge the ex parte decree, in case, if this Court is not inclined to admit the revision petition.

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Since none of the grounds raised in the revision is sustainable to challenge the order impugned in the revision, the revision petitioner is given liberty to work out his remedies as represented.

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Accordingly, the Civil Revision Petition is disposed of at the stage of admission.

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There shall be no order as to costs.

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Pending miscellaneous petitions, if any, shall stand closed.

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___________________ B. S. BHANUMATHI, J

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RAR

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05-09-2023

Kakarla Srinivasulu v. Koilanka Chandrakala

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Kakarla Srinivasulu v. Koilanka Chandrakala

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