THE HONOURABLE SRI JUSTICE P. SAM KOSHY
Civil Revision Petition No.2985 of 2023
ORDER :
The instant Civil Revision Petition has been filed by the revision petitioner / Judgment-Debtor No.2 under Section 115 of Civil Procedure Code, 1908 assailing the order of warrant for attachment of salary, dated 08.05.2023, passed in E.P.No.49 of 2022 in ABR.CF.No.534 of 2019, by the X Junior Civil Judge, City Civil Court, at Hyderabad.
2. Heard Mr. Praveen Bonkuri, learned counsel for the revision petitioner / Judgment-Debtor No.2.
3. During the course of hearing, and on a query put forth by this Court to the learned counsel for the revision petitioner as to whether the award passed by the Deputy Registrar of Chits / Arbitrator Medchal-Malkajgiri District, at Medchal in A.A.C.F.No.534 of 2019, dated 22.09.2020, has been challenged or questioned before any Court of law, learned counsel for the revision petitioner fairly submitted that the same is not under challenge.
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4. Given the fact that the award passed by the Deputy Registrar of Chits / Arbitrator Medchal-Malkajgiri District, at Medchal in A.A.C.F.No.534 of 2019, dated 22.09.2020, is not under challenge, and by efflux of time the same attains finality and becomes executable. Therefore, the instant E.P. proceedings being drawn by the Court below cannot be interfered with by this Court. The same cannot be held to be illegal or beyond the scope and jurisdiction of the said Court, nor can there by any perversity alleged on the part of the Court below in entertaining the said E.P.
5. In the absence of any challenge to the award by the Deputy Registrar of Chits / Arbitrator Medchal-Malkajgiri District, at Medchal in A.A.C.F.No.534 of 2019, dated 22.09.2020, this Court does not find any merit in the Civil Revision Petition. Therefore, the Civil Revision Petition fails and the same is accordingly dismissed. No costs.
6. As a sequel, miscellaneous applications pending if any in this Civil Revision Petition, shall stand closed.
___________________ P. SAM KOSHY, J Date : 17.11.2023 Ndr