Partly allowed

Marupalli Venkata Reddy , Kanthala Rayamallu v. Dudyala Komuraiah

Telangana HC4 Feb 2010CRP/6243/2009

Case brief

AI extract

What is this about?

Civil revision petition challenging salary attachment order. Court held that while attachment under Section 60(1) CPC was valid, the attached amount of Rs.13,000/- exceeded the permissible limit of Rs.9,000/- and was reduced accordingly. Trial court directed to expedite disposal of pending set-aside application.

What did the court decide?

Impugned order modified to attach only Rs.9,000/- instead of Rs.13,000/-; disposal of set-aside application directed within one month.

Marupalli Venkata Reddy , Kanthala Rayamallu Vs… — Execution and Attachment | Telangana HC (2010)

¶1

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

¶2

THURSDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TEN

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.6243 of 2009

¶5

Between:

¶6

Marupati Venkat Reddy @ Kanthala Rayamallu

¶7

..... PETITIONER

¶8

AND

¶9

Dudyala Komuraiah, S/o. Bakkaiah and another

¶10

....RESPONDENTS

¶11

The Court made the following:

¶12

THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.6243 OF 2009

¶13

ORDER:

¶14

This revision, under Section 115 of the Code of Civil Procedure, 1908 (for short, “C.P.C.”) is directed against the order of attachment of salary, dated 05.11.2009, in E.P.No.33 of 2009 in O.S.No.37 of 2008 on the file of the learned Senior Civil Judge, Peddapalli, Karimnagar District, whereunder and whereby, the Drawing Officer of petitioner/Judgment Debtor No.2 was ordered to deduct a sum of Rs.13,000/- per month from the Salary of petitioner/Judgment Debtor No.2 from the date of receipt of that warrant.

¶15

One of the contentions raised by the learned counsel for the petitioner/Judgment Debtor No.2 is that Section 60 (1) C.P.C. has not been followed while attaching petitioner’s salary, and that as the petition filed by the petitioner to condone the delay of 127 days in filing the petition to set aside the ex parte decree is pending, the order of attaching the salary ought not to have been passed in the E.P.

¶16

The attachment of the salary can be made as per Section 60 (1) C.P.C. If that is taken into consideration as per the salary of Judgment Debtor only a sum of Rs.9,000/- per month is attachable. No doubt, petitioner/Judgment Debtor No.2 filed an application to condone the delay in filing the petition to set aside the ex parte decree, but that cannot be a ground to set aside the impugned order. The petitioner/Judgment Debtor No.2 can as well agitate his rights by pursuing the application filed by him. Hence, the impugned order does not suffer from any infirmities so as to call for interference by this Court, except that the amount attached as per the impugned order at Rs.13,000/- is incorrect, but as per Section 60 (1) C.P.C. the amount that can be attached is Rs.9,000/-.

¶17

Hence, the impugned order is modified to the extent indicated

¶18

above. However, it is made clear that the trial Court shall dispose of the application filed by the petitioner to set aside the ex parte decree as early as possible preferably, within a period of one month from the date of receipt of a copy of this order.

¶19

Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.

¶20

_______________ K.C. BHANU, J

¶21

04.02.2010

¶22

Note: Issue C.C. of the order within two days. B/O.MD

Marupalli Venkata Reddy , Kanthala Rayamallu v. Dudyala Komuraiah

Case brief

What is this about?

What did the court decide?

Marupalli Venkata Reddy , Kanthala Rayamallu v. Dudyala Komuraiah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mmidi Komuraih , Komurlly, Vs State of A.P.

The State of Andhra Pradesh Vs Desu Koti Swami

The State of a.P., Vs Md. Gouse Baig

The State of Andhra Pradesh, Vs Mandava Prasad

N. Sree Ram Chowdary Vs B. Hari Reddy

The State of a.P., Vs Kumbhampati Guru Prasada Rao