Partly allowed

Guguloth Balaji v. Guguloth Vijaya Laxmi

Telangana HC6 Feb 2013CRP/4049/2011

Case brief

AI extract

What is this about?

In a civil revision petition seeking suspension of salary attachment arising from an ex parte decree, this Court set aside the attachment order, conditioning relief on the petitioner filing an application to set aside the decree within four weeks and depositing 50% of the decretal amount.

What did the court decide?

The order dated 09.04.2010 attaching salary is set aside subject to the petitioner applying to set aside the ex parte decree within four weeks and depositing 50% of the decretal amount.

Guguloth Balaji Vs Guguloth Vijaya Laxmi — Execution and Attachment | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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C.R.P.No.4049 of 2011

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Date: February 06, 2013

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Between:

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Guguloth Balaji … Petitioner And:

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Guguloth Vijaya Laxmi & another … Respondents

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HON’BLE SRI JUSTICE SANJAY KUMAR

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Civil Revision Petition No.4049 of 2011

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ORDER:

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Petitioner is the Judgment-debtor in OS No.55 of 2005 on the file of the learned Sub Divisional Magistrate (Mobile Court) at Bhadrachalam. By ex parte judgment and decree dated 22.08.2007, the Court below held the defendant in the suit, petitioner herein, liable to pay the suit amount of Rs.86,076/- with interest @ 6% per annum. Seeking execution of the said decree, the plaintiff-Decree-holder filed EP No.14 of 2010. By order dated 09.04.2010 passed in the said E.P., the salary of the Judgment-debtor was directed to be attached to the extent of Rs.2,500/- per month in discharge of the decretal dues of Rs.1,01,101/-. This amount was directed to be remitted to the credit of E.P.No.14 of 2010 in OS No.55 of 2005, till full satisfaction of the decree. Aggrieved by the said order, Judgment-debtor filed the present civil revision petition.

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2. This Court, while ordering notice in the civil revision petition on 23.09.2011, granted interim suspension of the order under revision.

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3. Sri Nagesh Bheemapaka, learned counsel for the petitioner-

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Judgment-debtor, stated that the direction of the executing Court was passed upon an ex parte decree and that his client had no opportunity to put-forth his defence before the passing of the decree. Learned counsel argued that this was a fit case to set aside the ex parte decree so that the defendant in the suit can be afforded an opportunity.

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4. Given the fact that the decree passed against the petitionerJudgment-debtor was an ex parte decree, which visited adverse civil consequences upon him in the shape of attachment of his salary, this Court is of the opinion that he should be given an opportunity to place his case before the trial Court. It is however noticed that the petitioner suffered an adverse order and having failed to appear before the Court below, despite a number of adjournments being granted, he necessarily has to be put on conditions for being afforded an opportunity at this stage.

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5. The order dated 09.04.2010 in E.P.No14 of 2010 in OS No.55 of 2005 is accordingly set aside leaving it open to the petitioner to move an appropriate application before the Court below for setting aside the ex parte decree passed in the suit, within four (4) weeks from the date of receipt of this order, failing which the order dated 09.04.2010 passed in E.P.No.14 of 2010 in OS No.55 of 2005 would hold good. This application shall be considered in accordance with law and the observations supra, subject to the petitioner depositing 50% of the decretal amount of Rs.1,01,101/- to the credit of the suit. The amounts already deducted from the salary of the petitioner pursuant to the order under revision shall be adjusted against the amount of 50% to be deposited.

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6. The civil revision petition is disposed of with the above directions. Interim suspension dated 23.09.2011 is vacated and CRP MP No.5773 of 2011 is dismissed in consequence. No order as to costs.

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________________ SANJAY KUMAR, J

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Date: 06.02.2013 BSS/Siva

Guguloth Balaji v. Guguloth Vijaya Laxmi

Case brief

What is this about?

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Guguloth Balaji v. Guguloth Vijaya Laxmi

Case brief

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What the court decided

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