P Venkatalakshmamma v. Dodde Krishna

THE HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CI VI L REVI SI ON PETI TI ON No.6226 of 2018 ORDER:

This petition under Section 115 of Code of Civil Procedure questioning the order in E.P.No.5 of 2017 in O.S.No.706 of 2015 passed by the Principal Junior Civil Judge, Anantapuramu, dated 08.08.2018 whereby the executing Court ordered attachment of salary of the petitioner under Section 60 of CPC for recovery of Rs.1,91,892/-.

2.

The petitioner is an employee in Medical and Health Department in Anantapuram District, and drawing a Salary of Rs.18,000/- and odd, but the decree amount due is Rs.1,91,892/-. The trial Court, having satisfied that the petitioner is avoiding discharge of the debt has passed the impugned order. Aggrieved by the order, the present revision petition is filed on various grounds.

3.

However, during the arguments, Sri Karibasaiah, learned counsel for the petitioner, submitted that the petitioner will pay entire decretal amount together with interest and costs within three months and requested to suspend the order for a period of three months. 4.

Noting the submission made by the learned counsel for the petitioner, the operation of the order dated 08.08.2018 passed under Order XXI Rule 48 of CPC is suspended for a period of three months from today enabling the petitioner to pay the decretal amount due, together with interest and costs, by the end of March, 2019.

5.

In the event of failure to discharge the decretal debt, this petition is deemed to have been dismissed automatically without further listing the matter before this Court.

6.

With the above direction, the petition is disposed of at the stage of admission. No costs. Pending miscellaneous petitions, if any, shall stand closed.

______________________________ M. SATYANARAYANA MURTHY, J 14th December, 2018 KSM

THE HON'BLE SRI JUSTI CE M. SATYANARAYANA MURTHY CI VI L REVI SI ON PETI TI ON No.6226 of 2018 14th December, 2018 KSM