Telangana High Court
Vasala Kumaraswamy vs V.Punyavathi on 7 August, 2025
The Hon'ble Sri Justice J.Sreenivas Rao
Civil Revision Petition No.2517 of 2025
Order:
This Civil Revision Petition is filed invoking the
provisions under Article 227 of the Constitution of India
aggrieved by the order dated 25.02.2025 passed by the learned
Principal Junior Civil Judge, Kothagudem in E.P.No.1 of 2025
in O.S. No.163 of 2015.
2. Heard Mr.N.Hari Prasad, learned counsel for the revision
petitioner and Mr.S.Suresh, learned counsel, representing
Ms.M.Swathi, learned counsel for respondent No.1/Decree
Holder.
3. Learned counsel for the revision petitioner submitted that
the revision petitioner is an employee of the Singareni Collieries
Company Limited and discharging his duties as a Supportman
and he has not availed any amount from respondent No.1 and
there is no relationship between respondent Nos.1 and 2.
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However, the Singareni Collieries Company Limited deducting
the amount from his salary basing upon the salary attachment
warrant issued by the learned Principal Junior Civil Judge,
Kothagudem in E.P.No.1 of 2025 in O.S.No.163 of 2015.
Hence the order of attachment issued by the Court below is
contrary to law and the same is liable to be set aside.
4. Learned counsel appearing on behalf of respondent No.1
fairly submits that respondent No.1 filed suit i.e. O.S.No.163 of
2015, on the file of the Principal Junior Civil Judge,
Kothagudem against respondent No.2, who is the Judgment
Debtor, for recovery of amount of Rs.2,27,472/- based on the
promissory note, dated 01.05.2013 and the said suit was decreed
on 04.08.2017 and the revision petitioner is no way concerned
in respect of E.P.No.1 of 2025 and respondent No.1 has
already received the amounts pursuant to the decree passed in
O.S.No.163 of 2015.
5. Having considered the submissions made by the
respective parties and after perusal of the material available on
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record, it reveals that respondent No.1 filed suit in O.S.No.163
of 2015, on the file of the Principal Junior Civil Judge,
Kothagudem against respondent No.2 for recovery of amount
of Rs.2,27,472/- basing on the promissory note, dated
01.05.2013 and the same was decreed on 04.08.2017.
6. The record further reveals that the revision petitioner is
no way connected with the above said decree, however, the
execution Court issued salary attachment warrant in E.P.No.1
of 2015 on 25.02.2025. Pursuant to the said warrant, the
Singareni Collieries Company Limited issued salary attachment
order on 26.02.2025 and recovering an amount of Rs.18,863/-
(Rs.18,768/- + 95/- towards Demand Draft charges) from the
salary of the revision petitioner. Even according to learned
counsel for respondent No.1, the revision petitioner is no way
concerned with the above E.P.No.1 of 2025 and respondent
No.1/Decree Holder recovered entire amount pursuant to the
decree dated 04.08.2017.
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7. Taking into consideration the above said facts and
circumstances, the impugned salary attachment issued against
the revision petitioner in E.P.No.1 of 2025, dated 25.02.2025 is
liable to be set aside.
8. Accordingly, the Civil Revision Petition is allowed and the
order dated 25.02.2025 passed by the learned Principal Junior
Civil Judge, Kothagudem in E.P.No.1 of 2025 in O.S. No.163
of 2015 is set aside and the revision petitioner is granted liberty
to file necessary application in E.P.No.1 of 2025 for refund of
the amount, which was already deducted from his salary.
Respondent No.1 is entitled to avail the remedies as available
under law if any cause is exists. There shall be no order as to
costs.
As a sequel, miscellaneous petitions, pending if any, stand
closed.
___________________
J.SREENIVAS RAO, J
Date: 07.08.2025
Note: Issue C.C. in one week.
B/o
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