T Chandra Sekhar, vs Shriram City Union Finance ...
2021 Latest Caselaw 3177 AP

      THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
                         AND
      THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

             CIVIL REVISION PETITION No.907 OF 2021


ORDER:- (Per Hon'ble Sri Justice C.Praveen Kumar)


      Heard Ms. Y. Mahalakshmi, learned counsel representing

Sri V. B. Subrahmanyam, learned counsel for the petitioners/

judgment debtor Nos.3 and 4, Sri Maheswara Rao Kuncheam,

learned counsel for respondent No.1/decree holder, and with their

consent, this Civil Revision Petition is disposed of at the stage of

admission through Blue Jeans App.

2. The present Civil Revision Petition came to be filed under

Section 115 of the Civil Procedure Code, 1908 assailing the order,

dated 16.7.2021, passed in E.P.No.85 of 2019 in A.C.No.169 of

2014 on the file of the learned III Additional District Judge,

Rajampet, wherein the said E.P. was allowed ordering attachment

of the salary of the petitioners herein subject to Section 60 C.P.C.

for realization of the award amount.

3. The only ground urged by the learned counsel for the

petitioners is that though the petitioners have filed counter way

back on 11.2.2020 vide S.R.No.538 before the Executing Court, no

opportunity was given to them, which is evident from the order. In

paragraph No.3 of the order impugned, it is mentioned that both

the petitioners have not made their appearance. According to her,

without hearing the petitioners, though counter was filed, the E.P.

was disposed of ordering attachment of their salary.

4. Sri Maheswara Rao Kuncheam, learned counsel for

respondent No.1, opposed the same contending that a reading of

the order impugned would indicate that plea of the petitioners was

taken into consideration before passing the order.

5. A perusal of the material on record would show that a

counter was filed by the petitioners before the Executing Court on

11.2.2020 vide S.R.No.538. The same was attested by the seal of

the said Court dated 11.2.2020. Having regard to the above, the

endorsement by the Executing Court that the petitioners

herein/respondent Nos.3 and 4 have not made their appearance

may not be correct.

6. Having regard to the above, the order under challenge is set

aside and the matter is remanded back to the Court of the learned

III Additional District Judge, Rajampet to hear all the parties

concerned and pass appropriate orders in accordance with law, as

early as possible, preferably, within a period of two (2) weeks from

the date of receipt of a copy of this order.

7. Accordingly, the Civil Revision Petition is allowed and

remanded. There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this Civil Revision

Petition shall stand closed.

_______________________________ JUSTICE C.PRAVEEN KUMAR

______________________________ JUSTICE B.KRISHNA MOHAN

Date : 25.8.2021 Note:-

Furnish C.C. on 31.8.2021.

B/O AMD

THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR AND THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN

CIVIL REVISION PETITION No.907 OF 2021

Date : 25.8.2021

AMD