K.S.S.V.Prasada Raju v. Shriram Raghavendra Chits Private Limited

HON'BLE SRI JUSTICE A. RAMALINGESWARA RAO CIVIL REVISION PETITION NO. 227 OF 2015 ORDER:

The petitioner is the third defendant in O.S.No. 1141 of 2010. The said suit was filed by the first respondent herein for recovery of amounts against the second respondent, who is the principal debtor and three other sureties including petitioner. The suit was decreed on 25.8.2011. When an order was passed on 28.1.2014 in E.P.No. 41 of 2012 directing the Salary Drawing Officer to withhold a sum of Rs. 7,67,308/- from the salary of the petitioner in monthly equal instalements not exceeding 1/3rd of salary excluding first one thousand rupees under Section 60 of CPC and to remit the said sum to the Court, the present Civil Revision Petition is filed. The learned counsel argued on the tenability of the decree against the petitioner. But the present Civil Revision Petition is directed against the order of attachment and it cannot be said to be wrong when there is a decree against the petitioner. The order is also in tune with Section 60 of CPC.

This Court finds no reason to admit the Civil Revision Petition and accordingly, the Civil Revision Petition is dismissed at the stage of admission. As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed. There shall be no order as to costs.

____________________________________ A. RAMALINGESWARA RAO, J DATE: 2.11.2015 KA