Bodapudi Rani v. Bommineni Papi Reddy
Case brief
What is this about?
High Court modified orders directing the employer to withhold amounts from a deceased employee's death and retirement benefits, holding legal heirs cannot attach exempt amounts under Section 60(1)(g) CPC.
What did the court decide?
Employer directed to withhold amounts only to the extent they are not exempt under Section 60 CPC.
What the court decided
A compact analysis
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.
THE HON’BLE SRI JUSTI CE M.SATYANARAYANA MURTHY C.R.P. Nos. 5036 of 2013 and 544 of 2014
COMMON ORDER:
These Civil Revision Petitions, under Article 227 of the Constitution of India, are filed challenging the orders dated 10.06.2013 and 14.02.2013 passed in I.A. Nos.342 of 2013 in O.S. No.428 of 2013 on the file of II Additional Senior Civil Judge, Warangal and in I.A. No.116 of 2013 in O.S. No.94 of 2013 by the Principal Senior Civil Judge, Warangal respectivley.
- Heard, Sri Prakash Buddarapu, learned counsel for petitioners and Smt.S.A.V.Ratnam, learned counsel for respondent No.1.
- The Respondent in C.R.P No.5036 of 2013 is plaintiff, who filed O.S. No.428 of 2013 for recovery of amount of Rs.1,14,400/from the defendants on the basis of promissory note dated 10.05.2012 for Rs.90,000/- executed by Bodapudi Dharma Rao during his lifetime allegedly and agreed to repay the same together with interest. Inspite of requests made by plaintiff, defendants have not paid any single pie during the life time of Bodapudi Dhrama Rao.
- The respondent No.1 in C.R.P. No.544 of 2014 is plaintiff, who filed the O.S. NO.94 of 2013 for recovery of amount of Rs.1,50,000/- from the defendants on the basis of promissory notes dated 01.09.2012 and 21.09.2012 for Rs.80,000/- and Rs.50,000/respectively executed by Bodapudi Dharma Rao during his lifetime
MSM,J CRPs_5036_2013_544_2014
2
Issues for consideration
2 issues framed by the court
Whether death and retirement benefits of an employee are exempt from attachment under Section 60(1)(g) of the Code of Civil Procedure.
Whether orders directing the employer to withhold specific amounts from death benefits are sustainable when such amounts are exempt under Section 60 CPC.
Parties & counsel
- petitioner
Legal heirs of Bodapudi Dharma Rao
- respondent
Plaintiff
Coram
M.Satyana r ana Murthy
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · June
- Registered
- Case no.
- CRP/5036/2013
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