Pasupuleti Jayadev, Vs a. Poongodi

PASUPULETI JAYADEV,, S/O LATE VENUGOPAL, AGED ABOUT 54 YEARS, OCC EMPLOYEE, WORKING AS A PHYSICAL DIRECTOR IN A.P. HIGH SCHOOL, PUTTUR TOWN AND POST, CHITTOOR DISTRICT.

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K DEVIKA, W/O P JAYADEV, AGED ABOUT 50 YEARS. EMPLOYEE, WORKING AS TEACHER IN M.P.P. SCHOOL, PILLARIPATTU VILLAGE, PUTTUR MANDAL, CHITTOOR DISTRICT. (BOTH ARE RESIDING AT BALAJI COLONY, OPP GIRLS HIGH SCHOOL, GUNDU GURUSWAMY STREET, KARVETINAGARAM TOWN AND POST, KARVETINGARAM MANDAL, CHITTOOR DISTRICT.)

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...PETITIONER(S)

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AND

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A POONGODI, S/o A Jayaram Reddy, Aged about 40 years, Occ House Wife, R/o D.No.4-91, Mandapam Street, Karvetinagar Town and Post, Karvetinagar Mandal, Chittor District.

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...RESPONDENT

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Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toplease to allow the CRP by setting aside the Order dated

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2

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VS,J CRP.No.1960 of 2024

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05.08.2024 passed by the Honble Senior Civil Judge, Puttur, in E.P. No.8 of 2024 in O.S.No.142 of 2018

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IA NO: 1 OF 2024

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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 please to dispense with the production of Certified Copy of E.P. No. 8 Of 2022 in OS.No. 142/2018 on the file of Senior Civil Judge, Puttur, Chittoor District

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IA NO: 2 OF 2024

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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 pleased to grant stay of all further proceedings in pursuant to the attachment order dated 05.08.2024 in E.P. No. 8 of 2024 in O.S.No.l42 of 2018 on the file of Hon'ble Senior Civil Judge, Puttur, pending disposal of the above Civil Revision Petition

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IA NO: 1 OF 2025

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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 may be pleased to vacate the interim order dt. 30-08-2025 passed in above CRP No. 1960 of 20204 and to pass

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Counsel for the Petitioner(S):

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1.SATHEESH KUMAR EERLA

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Counsel for the Respondent:

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1.M L NEELIMA

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The Court made the following:

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VS,J CRP.No.1960 of 2024

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ORDER:

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This Civil Revision Petition is filed by the petitioners/Judgment Debtors aggrieved by the order passed by the learned Senior Civil Judge, Puttur, dated 05.08.2024 in E.P.No.8 of 2024 in O.S.No.142 of 2018, whereby, the Court below allowed the application filed by the respondent/plaintiff/decree holder under Order XXI Rule 48 of the Code of Civil Procedure (for short „CPC‟) by ordering the attachment of salaries of the petitioners/Judgment Debtors.

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Brief facts of the case are as under:

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(a) The respondent/plaintiff filed the aforesaid suit against the petitioners herein for recovery of Rs.3,31,395/- borrowed by the petitioners under two promissory notes dated 10.04.2018 and 10.05.2018. The Court below, after full fledged trial passed a judgment on 21.08.2023 in favour of the respondent/plaintiff with costs against the petitioners herein for a sum of Rs.3,31,395/- with subsequent interest at the rate of 12% per annum on principal sum of Rs.3,00,000/- from the date of suit till the date of decree and subsequently, at a rate of 6% per annum from the date of decree till the date of realization. Further, the Court below directed the petitioners to pay Rs.19,906/- to the respondent towards costs of the suit.

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(b) Thereafter, as the petitioners did not discharge the amount as per the decree, the respondent/plaintiff filed E.P.No.8 of 2024 in O.S.No.142 of

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VS,J

CRP.No.1960 of 2024

2018 under Order XXI Rule 48 of CPC requesting the Court below for attachment of salary of the petitioners/judgment debtors in order to recover an amount of Rs.5,25,880/-amount payable by the petitioners. The Court below, having considered the factual aspects of the matter, allowed E.P.No.8 of 2024 on 05.08.2024, attaching Rs.12,213/- of the salary of the petitioner No.1 towards the part satisfaction of the decree debt for a period of 24 months and Rs.22,898/- of the salary of the petitioner No.2 towards the part satisfaction of

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the decree debt for a period of 24 months. Aggrieved by the said order, this revision petition is filed.

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When the revision petition came up for hearing on 30.08.2024, this Court has passed the following interim order:

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“In the meanwhile, there shall be stay of further proceedings, pursuant to the order of the Learned Civil Judge (Senior Division), Puttur, dated 05.08.2024 in E.P.No.8 of 2024, subject to the condition of the petitioners depositing 50% of the decreetal amount along with costs, within a period of four (04) weeks.”

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The respondent filed a counter affidavit in the revision petition stating

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that two separate garnishee notices were issued each showing Rs.5,25,880/which amounts to a total amount of Rs.10,51,760/-, which is beyond the decretal amount. It is further stated that attachment of salary of the 2^nd petitioner is sufficient to discharge the decretal amount and requested to modify the order of the trial Court to that extent.

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VS,J CRP.No.1960 of 2024

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Heard Mr. Eerla Satheesh Kumar, learned counsel for the petitioners and Mrs. M.L. Neelima, learned counsel for the respondent.

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During the course of argument, learned counsel for the petitioners reiterated the entire facts of the case and further contended that the Court below erroneously issued two separate notices to the corresponding garnishee of the petitioners herein, directing the corresponding garnishee to attach the salary of the petitioners for 24 months to the extent of Rs.5,25,880/each. He further contended that when the execution petition is filed only for recovery of Rs.5,25,880/- from both the petitioners, the Court below erroneously issued two notices to the individual garnishee of the petitioners for attachment of salary for 24 months to an extent of Rs.10,51,760/[Rs.5,25,880/- + Rs.5,25,880/-]. Though learned counsel for the petitioners raised several contentions, he requested this Court to modify the order passed by the trial Court on 05.08.2024 by only attaching the salary of the 2^nd petitioner herein. Learned counsel for the respondent on the other hand has not objected for the same and requested this Court to pass appropriate orders.

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In view of the above, the impugned order dated 05.08.2024 in E.P.No.8 of 2024 in O.S.No.142 of 2018 is set-aside with regard to the attachment of the salary of the 1^st petitioner alone while confirming the attachment of the

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salary of the 2^nd petitioner. Accordingly, this revision petition is disposed of. No costs.

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Consequently, miscellaneous applications, pending, if any, shall also stand closed.

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___________________ JUSTICE V. SUJATHA

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Date:13.11.2025