Shaik Allabaksh v. M/S. Shri Ram Capital Finance And Chits And 3 Others

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER CI VI L REVI SI ON PETI TI ON No.4 1 7 2 OF 2 0 1 1 ORDER:

This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, is filed by the revision petitioner/ Judgment Debtor No.2 aggrieved by the order, dated 29.06.2011, passed in E.P.No.174 of 2011 in O.S.No.473 of 2002 by the Principal Junior Civil Judge, Kothagudem, wherein the Executing Court has issued warrant of attachment of salary of the revision petitioner/ Judgment Debtor No.2. 2 .

Heard the learned counsel for revision petitioner/ Judgment Debtor No.2 and perused the record.

3 .

The main ground on which the impugned order is sought to be set aside is that the Executing Court has no jurisdiction to entertain the subject Execution Petition, in terms of Rule 35 of A.P. Agency Rules, 1924.

4 .

In view of the said submission, it is appropriate to state that the point of jurisdiction can be agitated by the revision petitioner/ Judgment Debtor No.2 before the Executing Court. 5 .

With the above observation, the Civil Revision Petition is disposed of.

Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. There shall be no order as to costs.

______________________ Dr . SHAMEEM AKTHER, J February 12, 2020.

MD