Madras High CourtCRP/1334/2018disposed of

S. Muniayammal v. A. Kamaraj

2018-07-05Honourable Mr Justice P. Velmurugan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2018

CORAM:

THE HONOURABLE MR. JUSTICE P. VELMURUGAN CRP(NPD) No.1334 of 2018 and C.M.P.No.6962 of 2018 S. Muniayammal . ..Petitioner Vs.

1. A. Kamaraj

2. Children Development Officer, Regional Development Office, Kolathur Post, Kolathur, Mettur Taluk, Salem District.

... Respondents Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the ProOrder of attachment of salary dated 18.05.2016 passed by the learned Subordinate Judge at Mettur, in E.P.No.18 of 2015 in O.S.No.209 of 2013.

For Petitioner : Mr.Saraswathi Muthiah For Respondent-1 : Mr.M. Senthil Kumar For Respondent-2 : Mr.M. Venkatesh Kumar *******

O R D E R

The respondent/plaintiff has filed a suit in O.S.No.209 of 2013 against the petitioner/defendant and got decree. Subsequently, the respondent has filed an Execution Petition to execute the decree in which the executing court passed the order of attachment and the executing Court issued the Pro-Order of attachment against the Garnishee and thereafter, the salary of the petitioner was attached from 12.07.2016. As per the provisions of Sec.60 (i) of Civil Procedure Code after the attachment has continued for a total period of twenty-four months, shall be finally exempted from attachment in execution of that decree. Now, 24 months https://hcservices.ecourts.gov.in/hcservices/

have got completed. Therefore, liberty is granted to the revision petitioner to approach the executing Court and to file an appropriate application for getting necessary orders.

2. With the above observation, the Civil Revision Petition is disposed of. No costs. Consequently, connected Civil Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS IX ) //True Copy// Sub Assistant Registrar msm To THE SUBORDINATE JUDGE, METTUR.

2.THE SECTION OFFICER , VR SECTION, HIGH COURT MADRAS (2 copies) +1 CC TO MR.M.SENTHIL KUMAR Advocate SR.NO.43939 +1 CC TO ADDITIONAL GOVERNMENT PLEADER SR.NO. 43664 CRP(NPD) No.1334 of 2018 BR(cO) ASK(04/09/2018) https://hcservices.ecourts.gov.in/hcservices/