V.RAMASUBRAMANIAN
BEZWADA YOHANU – Appellant
Versus
KONANGI RADHA KRISHNA – Respondent
ORDER :
V. Ramasubramanian, J.
Aggrieved by the refusal of the Court below to set aside an order of attachment passed under order XXXVIII Rule 5 CPC, the defendant in the suit has come up with the above revision petition.
2. Heard Mr. N. Gopichand, learned counsel for the petitioner and Mr. V.V.L.N. Sarma, learned counsel appearing for the respondent.
3. The respondent filed a civil suit in O.S.No.144 of 2014 for recovery of a sum of Rs. 4,88,320/-. The suit was decreed ex parte, but later the ex parte decree was set aside.
4. Before the ex parte decree was set aside, an Execution Petition was filed and it appears that an attachment of the salary was ordered in E.P.No.38 of 2016. But after the ex parte decree was set aside, the attachment got lifted.
5. Thereafter, the respondent filed an application in I.A.No.242 of 2017 for attachment of earned leave encashment amount payable to the petitioner on his retirement on 30.06.2017. In the said application, an interim conditional order was passed on 29.06.2017.
6. Upon coming to know of the same, the petitioner filed I.A.No.250 of 2017 for setting aside the interim conditional order. The said application was dismissed by the trial Court forcin
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.