Decree holder challenged dismissal of an execution petition seeking attachment of judgment debtors' fixed deposit; the deposit had been attached in the same suit before re-numbering. The High Court allowed the revision and set aside the trial court's order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI WEDNESDAY ,THE ELEVENTH DAY OF SEPTEMBEM^R'?^ TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WIL REVISION PETITION NO: 3544 OF 9n-t^
Petition under Section 115 of C.P.C. to revise the order dated 06-06-2013 in EP No. 2 of 2012 in OS No. 140 of 2011 on the file of the Court of Senior Civil Judge, Tadepalligudem.
Between:
Taneti Giribabu, S/o. Bhushaiah, aged 40 years, Occ; Cultivation, Pentapadu Village & Mandal, West Godavari District.
...Petitioner/DHR
AND
Housewife, R/o. D.No. 1-88 Sekurupalem Village, Chebrole Mandal, Guntur
District.
Sekurupalem Village, Chebrole Mandal, Guntur District.
-Respondents/JDrs
I.A. NO: 1 OF 2013fCRPMP. NO: 4749 OF 2013)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to expedite the hearing of the Civil Revision petition at an early date .
Counsel for the Petitioner: SRI. NIMMAGADDA SATYANARAYANA
Counsel for the Respondents: —
The Court made the following: ORDER
[3460]
»
4
APHC010611162013
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION NO: 3544/2013
Between:
Taneti Giribabu
...PETITIONER
AND
Nemalakanti Yesu Mariyamma & 3 Others
...RESPONDENT(S)
Counsel for the Petitioner:
Counsel for the Respondent(S):
The Court made the following:
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL REVISION PETITION N0.3544 of 2013
ORDER:
garnishee to amount. The garnishee in response filed a memo statingthattheamount rs.
in F.D.R bearing No. 1307401000822 belonging to the respondents/J.D was already under attachment in O.S.No.30 of 2011 andthattheamount was sent to Senior Civil Judge’s Court, Eluru. On the basisofthememo, the trial Court dismissed the E.P. Hence, the presentRevisionisfiled.
Judge, Vacation Court, Eluru as after vacation, the suit was re-numbered as O.S.No.140of2011andthis fact was not noticed by the trial Court while dismissingtheE.P.
shall stand closed.
//true copy//
SD/- K KASJRAO ACHAW assistant REGISTRAR SECTION OFFICER
To,
vna
^ '
HIGH COURT
DATED:11/09/2024
ORDER
CRP.No.3544 of 2013
X 2 7 NOV 20?‘i ^
^ . Current Section
ALLOWING THE CIVIL REVISION PETITION WITHOUT COSTS
t
1 issue framed by the court
Whether the trial court erred in dismissing the execution petition on the garnishee's memo when the attached FDR belonged to the same decree under a re-numbered suit number.
2 provisions across 1 enactments
Taneti Giribabu
Nemalakanti Yesu Mariyamma
Nemalikanti Usha Rani
Nemalikanti Lilly Grace
Nemalikanti Kishore Babu
Nyapathy Vijay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
