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1985 Supreme(Kar) 175

KULKARNI
LAKSHMINARAYAN BHATTA – Appellant
Versus
NARASIMHA BHATTA – Respondent


KULKARNI, J.

( 1 ) THIS is a decree holder's revision against the order dated 9-7-1982 passed by the Munsiff, shikaripur, in Execution No. 141 of 1981 raising the attachment in respect of Rs. 2,614-95p deposited by the Tahsildar in the Court.

( 2 ) THE decree holder had obtained a decree against the judgment debtor in O. S. No. 20 of 1972. The decree holder got attached the amount of Rs. 2,614-95p drawn by the Tahsildar as arrears of salary belonging to the judgement debtor.

( 3 ) THE judgment debtor contended that the said amount amounted to a salary within the meaning of Section 60 (i) C. P. C. and therefore it was not liable to be attached at all and hence he prayed for raising of the attachment. The plea raised by the judgment debtor appealed to the Court below and it raised the attachment. Hence the revision by the decree holder.

( 4 ) IT becomes clear from the order passed by the Court below that the judgment debtor was working as a Shanubogue and that as the pay scale was revised and raised with effect from 21-1-1966, the Tahsildar drew the arrears of salary in the revised scale. The arrears came to Rs. 2,614-95p. On account of the order passed by the executing Court, th







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