Citation : 2023 Latest Caselaw 4098 Tel
Judgement Date : 17 November, 2023
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.
::2:: PSK,J
crp_2985_2023
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
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