SHAIK NOORJAHAN Vs. M RAJESHWARI
LAWS(APH)-2010-4-85
HIGH COURT OF ANDHRA PRADESH
Decided on April 30,2010

SHAIK NOORJAHAN Appellant
VERSUS
M. RAJESWARI Respondents




JUDGEMENT

- (1.)Heard both the Counsel.
(2.)Aggrieved by the order and decree dated 11.6.2009 passed by the Court of Principal Junior Civil Judge, Tirupati in OEP No. 196 of 2008 in OS No. 1335 of 1998 under Order 21, Rule 48 of C.P.C., in ordering attachment of the salary of the judgment-debtor at the rate of Rs.1,500/- per month, the judgment debtor filed the present revision.
(3.)From the material available on record it could be seen that the respondent- decree holder filed suit in OS No. 133 5 of 1998 on the file of Principal Junior Civil Judge, Tirupati for recovery of money and the suit was decreed. As the judgment- debtor failed to pay the decretal amount of Rs.90,577/-, the decree holder filed EP No. 181 of 2001 for attachment of her salary and the same was allowed and accordingly the salary of the judgment-debtor was attached continuously for a period of thirty five months. After filing of EA No.964 of 2006 by the judgment-debtor, the attachment was raised. Again after a gap of twelve months, the decree holder filed the present execution petition in EP No. 196 of 2008, seeking attachment of her salary. By the impugned order dated 11.6.2009, the Court below taking the view that the present E.P. was filed after a gap of 12 months after the attachment in earlier E.P. was raised, allowed the petition and held that the execution petition is maintainable and the decree holder is entitled for recovery of the decretal amount as per the terms of the decree. Challenging the same, the present revision is filed.


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