Madras High CourtCRP/3132/2018dismissed

Saral Santhakumari v. N.Sathishkumar

2021-07-19Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN C.R.P (PD) No.3132 of 2018 and C.M.P.No.18011 of 2018 Saral Santhakumari ....

Petitioner Vs N.Satishkumar ....

Respondent Prayer: Civil Revision Petition filed under Section 115 of the Civil Procedure Code to set aside the docket order dated 03.07.2018 made in E.P.No.18 of 2017 in O.S.No.84 of 2014 on the file of the Subordinate Judge, Sathiyamangalam.

For Petitioner : Mr.V.Udayakumar For Respondent : No appearance

ORDER

This Civil Revision Petition is filed against the docket order dated 03.07.2018 made in E.P.No.18 of 2017 in O.S.No.84 of 2014 on the file of the Subordinate Judge, Sathiyamangalam, thereby ordered to attach a sum of Rs.15,000/- per month from the petitioner's salary. 1/4

2. The petitioner is the Judgment Debtor and the respondent is the Decree Holder. The respondent filed a suit in O.S.No.84 of 2014 for recovery of money on the Promissory Note. The suit was decreed by a Judgment and Decree dated 13.04.2017. On the strength of the Decree, the respondent filed an Execution Petition in E.P.No.18 of 2017 to recover the money from the petitioner's salary.

3. On perusal of the counter filed by the petitioner revealed that she was drawing a sum of Rs.75,895/- as monthly salary and after deduction of Rs.32,609/- towards other expenditure, her balance salary was Rs.43,286/-. Therefore, the Court below rightly ordered to attach the salary of Rs.15,000/- per month from the petitioner's salary.

4. In view of the above, this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, the Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.

19.07.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Lpp 2/4

To 1.The Subordinate Judge, Sathiyamangalam.

2. The Section Officer, V.R.Section, High Court, Madras.

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G.K.ILANTHIRAIYAN.J, Lpp C.R.P (PD) No.3132 of 2018 and C.M.P.No.18011 of 2018 19.07.2021 4/4