Sri.Madira Ramulu v. Sri.Urugonda Ramesh,

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA CIVIL REVISION PETITION No.2335 OF 2017 ORDER:

The main challenge in the present revision petition is to the attachment order, dated 26.11.2016, in E.P.No.361 of 2016 in O.S.No.46 of 2016 issued by the Executing Court i.e., the Court of the Principal Junior Civil Judge, Mancherial, by giving exemption under Section 60 of the Code of Civil Procedure (C.P.C.) so far as that portion which has to be exempted from the salary being drawn by the revision petitioner is concerned.

The sole ground urged by Smt. V.Sujatha, learned counsel for the revision petitioner, is that no summons at all were served in the aforesaid suit and the judgment debtor/revision petitioner is absolutely unware of the proceedings and passing of decree in the suit. In such an event, certainly, the only alternative remedy available to the revision petitioner is to move the trial Court invoking relevant provisions of C.P.C and the revision petition is not maintainable. Accordingly, the Civil Revision Petition is dismissed at the admission stage.

Miscellaneous applications, if any pending in this revision, stand closed.

___________________________ A. SHANKAR NARAYANA, J June 07, 2017 v v