Rajenderan vs Ramachandran - 2022 Supreme(Mad) 2301

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Mad) 2301

R. N. MANJULA
Rajenderan – Appellant
Versus
Ramachandran – Respondent

Advocates appeared:
For the Petitioner:R. Subramaniyan, Advocate.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India against the Order dated 26.10.2021 made in E.P.No.197 of 2020 in O.S.No.58 of 2013 on the file of the Sub-Court, Neyveli and prayed to set aside the same.)

1. This Civil Revision Petition has been preferred challenging the order of the learned Sub-Judge, Neyveli, dated 26.10.2021 made in E.P.No.197 of 2020 in O.S.No.58 of 2013.

2. The revision petitioner is the judgment debtor in the decree passed in O.S.No.58 of 2013. The respondent/decree holder has filed the execution petition for executing the decree and in which an order to recover the decree amount from the salary of the judgement debtor for 24 months has been passed. Aggrieved over that the judgment debtor has preferred this revision.

3. The learned counsel for the petitioner submitted that the respondent/decree holder has filed the 1st execution petition in E.P.No.54 of 2015 and in which a part of the decree amount was recovered by attaching the salary of the petitioner for 24 months; after a gap of 12 months, the 2nd execution petition is filed for recovering the balance decree amount; as per Section 60 of C.P.C., salary deductions f

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