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R. RAGHUNANDAN RAO
P. Santha Kumari – Appellant
Versus
B. Sugunamma – Respondent
ORDER :
(R. Raghunandan Rao, J.)
The respondent herein had obtained a decree against the petitioner herein in O.S.No.91 of 2013 for recovery of certain amount of money. It is submitted that the decretal amount was around Rs.6,35,642/-. The respondents herein had filed O.E.P.No.7 of 2023 in the Court of the learned Senior Civil Judge at Punganur for recovery of the said amount and had obtained attachment of the salary of the petitioner in the hands of her garnishee, by way of an order dated 21.08.2023.
2. Aggrieved by the said order, the petitioner moved this Court by way of the present Civil Revision Petition with the contention that that her salary is needed for payment and various other purposes including medical expenses due to which any attachment of the salary of the petitioner would result in grave dislocation for the petitioner.
3. This Court, by an order dated 17.11.2023 had stayed the order of the Executing Court subject to the condition of the petitioner depositing a sum of Rs.2,50,000/- by 08.12.2023. The said sum was deposited by the petitioner and the respondents herein are permitted to withdraw the same from the Executing Court, without offering any security.
4. As far as
The court allowed the petitioner to pay the decretal amount in instalments, setting aside the attachment of salary, with a default clause for non-payment.
D.Hr. entitled to seek execution by arrest and detention under Section 51 CPC.
The entitlement to attach the salary of the judgment debtor for recovery extends beyond 24 months with a 12-month cooling period.
The court underscores the necessity of adhering to procedural laws regarding execution orders and salary attachment, emphasizing the importance of properly considering pending applications.
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