Saral Santhakumari vs N.Satishkumar
2021 Latest Caselaw 14434 Mad

                                                                              C.R.P (PD) No. 3132 of 2018

                                   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.

https://www.mhc.tn.gov.in/judis/ C.R.P (PD) No. 3132 of 2018

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

https://www.mhc.tn.gov.in/judis/ C.R.P (PD) No. 3132 of 2018

To

1.The Subordinate Judge, Sathiyamangalam.

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

https://www.mhc.tn.gov.in/judis/ C.R.P (PD) No. 3132 of 2018

G.K.ILANTHIRAIYAN.J,

Lpp

C.R.P (PD) No.3132 of 2018 and C.M.P.No.18011 of 2018

19.07.2021

https://www.mhc.tn.gov.in/judis/