This court modified the attached salary amount from Rs. 5,000/ and Rs. 4,000 to Rs. 3,000 each per month upon mutual agreement, effective October 1, 2012, and ordered arrears payment.
Attachment reduced to Rs. 3,000 per month effective 1st October 2012; arrears to be paid or deposited within two months; miscellaneous applications dismissed.
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HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.2105 OF 2012
Dt:- 20.09.2012
Between:-
P.T.Suendra Reddy and another Y.Venkataswamy Naidu
and
… Petitioners
… Respondent
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR CIVIL REVISION PETITION No.2105 OF 2012
ORDER: -
The order impugned is passed by the executing court directing attachment of salary of petitioner Nos.1 and 2 @ Rs.5,000/- and Rs.4,000/- per month respectively from petitioner Nos.1 and 2.
Heard learned counsel on either side.
While the decree and its executability is not in dispute nor the petitioners’ dispute the liability to discharge the decree debt, the only request which is made by learned counsel for the petitioners is that the amount directed to be attached from each of the petitioners every month may be marginally reduced so that petitioners would have no objection for liquidation of the decree through attachment. While petitioners’ counsel suggest Rs.3,000/- each from both the petitioners every month as against the amount ordered by the court below, the same having been graciously accepted by the learned counsel for the respondent, impugned order is modified.
The Civil Revision Petition shall stand disposed of as follows:
1) The lower court is directed to keep in attachment Rs.3,000/- each every month from petitioner Nos.1 and 2 towards decree debt as above and continue to recover the amounts accordingly till the debt is discharged. The modified amount shall be attached and recovered from 1st October, 2012.
2) Since there was a stay in operation from 27.04.2012 onwards arrears which are accumulated from the date of passing of the order of stay by this Court till today, shall be paid by each of the petitioners @ Rs.3,000/- per month as above to the decree holder or by depositing the same to the credit of the executing court within two months from today.
The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.
____________________________ VILAS V. AFZULPURKAR, J 20.09.2012 lmv
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CIVIL REVISION PETITION No.2105 OF 2012
25.06.2012
lmv
1 issue framed by the court
Whether the attachment of salary for decree debt recovery via revision petition should be reduced to a marginally lower amount.
P.T. Suendra Reddy and another
Y. Venkataswamy Naidu
Vilas V. Afzulkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
