Ramesh Kumar vs The Commissioner
2024 Latest Caselaw 7587 Mad

Madras High Court

Ramesh Kumar vs The Commissioner on 8 April, 2024

Author: R.Vijayakumar

Bench: R.Vijayakumar

                                                                             C.R.P(MD)No.2225 of 2018



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED: 08.04.2024

                                                       CORAM

                                  THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR

                                               C.R.P(MD)No.2225 of 2018

                     Ramesh Kumar                                          ... Petitioner

                                                         Vs.

                     1.The Commissioner,
                       Municipal Office,
                       Bodinayakanur,
                       Theni District.

                     2.V.Suresh Babu                                       ... Respondents


                     PRAYER : Civil Revision Petition is filed under Section 115 of the
                     Civil Procedure Code, to set aside the fair and decreetal order, dated
                     03.07.2018 passed in E.A.No.121 of 2015 in E.P.No.94 of 2001 in
                     O.S.No.71 of 1998 on the file of the Sub-Court, Palani.


                                     For Petitioner     : Mr.M.P.Senthil

                                     For R-1            : Mr.K.Hemakarthikeyan

                                     R-2                : Died

                     1/5



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                                                                                 C.R.P(MD)No.2225 of 2018




                                                         ORDER

The present revision petition has been filed by the decree holder in

a money suit in O.S.No.71 of 1998 on the file of the Sub Court, Palani,

challenging an order in E.A.No.121 of 2015, wherein the request of the

decree holder for attachment of salary of the judgment debtor was

rejected.

2. According to the learned Counsel appearing for the revision

petitioner, the judgment debtor was working as a Revenue Assistant in

the first respondent Municipality. A money decree was passed as against

him on 21.09.2000. The decree holder has filed E.P.No.94 of 2001 for

attaching the salary of the judgment debtor. The order was also duly

complied with by the employer / garnishee, who is the Commissioner of

Municipal Office, Bodinayakanur. The salary was deducted till

December 2011. Thereafter, the judgment debtor was transferred from

Bodinayakanur to Chinnamanur by an order, dated 06.01.2012. Since the

decree holder has not taken any steps to intimate the order of attachment

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of salary to Chinnamanur Municipality, Chinnamanur Municipality has

not continued with the order of attachment of salary. In the meantime, the

judgment debtor had died while he is in service on 17.08.2023. The

Executing Court had dismissed the application for a direction to the

Bodinayakanur Municipality to continue to attach the salary of the

judgment debtor.

3. Since the judgment debtor had died, the question of attaching

his salary does not arise. It is for the decree holder to work out his

remedy in a manner known to law.

4. With the said liberty, this Civil Revision Petition stands

disposed of. There shall be no order as to costs.

                                                                                   08.04.2024

                     NCC      : Yes / No
                     Index    : Yes / No
                     Internet : Yes
                     BTR

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

To

1.The Sub-Court, Palani.

2.The Section Officer, Vernacular Record Section, Madurai Bench of Madras High Court, Madurai.

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

R.VIJAYAKUMAR, J.

BTR

Order made in

08.04.2024

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