E. Srinivas vs M/S. Mahija Chit Fund Pvt. Ltd.,
2025 Latest Caselaw 1698 Tel

Telangana High Court

E. Srinivas vs M/S. Mahija Chit Fund Pvt. Ltd., on 3 February, 2025

         THE HONOURABLE SRI JUSTICE K.SURENDER

          CIVIL REVISION PETITION No.3675 OF 2024

ORDER:

1. This Civil Revision Petition is filed aggrieved by the

Order, dated 30.07.2024 passed in E.P.No.2 of 2022 in

A.R.B.No.303 of 2019 on the file of the Senior Civil Judge

at Nizamabad.

2. Heard Sri E.Sreenivas, learned counsel for the

petitioner and the learned counsel for respondents.

Perused the record.

3. The impugned orders were passed by the learned

Senior Civil Judge at Nizamabad in E.P.No.2 of 2022

directing the attachment of salary of the

petitioner/judgment debtor on the basis of the execution

petition filed by the respondent No.1/ decree holder. In

case of Punyamuthula Venkata Viswa Sundara Rao

and another v. M/s. Margadarsi Chit Fund Private

Limited and others 1, the Division Bench of this Court at

Para No.18 held as below:

2017 SCC OnLine Hyd 103

"The above discussion would make it clear that the E.P.Court does not have jurisdiction to entertain a petition for execution of the award of the Deputy Registrar of Chit Funds, if presented by the decree holder".

4. In view of there being violation of the procedure, this

Court is inclined to set aside the attachment of salary of the

revision petitioner. However, this order would not preclude

the decree holder from proceeding against the judgment

debtors in accordance with law.

5. Accordingly, the Civil Revision Petition is disposed off.

Miscellaneous applications pending, if any, shall stand

closed.

_________________ K.SURENDER, J Date: 03.02.2025 dv