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IN THE HIGH COURT OF TELANGANA
K.LAKSHMAN
Kolipaka Sai Kumar – Appellant
Versus
Kapil Chilts Kakatiya Pvt. Ltd – Respondent
| Table of Content |
|---|
| 1. introduction of civil revision petition (Para 2 , 3 , 4) |
| 2. arguments regarding improper procedure (Para 5 , 6) |
| 3. relevant provisions of the cpc and chit fund act (Para 7 , 8 , 9) |
| 4. liability of co-sureties and execution procedures (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 5. analysis of execution order and its implications (Para 16 , 17 , 18 , 19 , 20) |
| 6. conclusion and setting aside of the order (Para 21) |
ORDER :
K. Lakshman, J.
Heard Sri Rajesh Bathula, learned counsel for the petitioners and Sri K.P.Vijay Kumar Goud, learned counsel for the respondent No.1. Perused the record.
2. This Civil Revision Petition is filed under Section 115 of the C.P.C. challenging the attachment order, dated 20.12.2024 passed in E.P.No.373 of 2024 in ARB.No.1062 of 2021 by the learned Principal Junior Civil Judge, Karimnagar.
3. The petitioners herein are J.Dr.Nos.2, 3, 6 & 7 in E.P.No.373 of 2024 in ARB.No.1062 of 2021 pending on the file of learned Principal Junior Civil Judge, Karimnagar. Respondent No.1 has filed an application under Section 64 of the Chit Fund Act, 1982 vide ARB.No.1062 of 2021 before the Chit Arbitrator/Deputy Registrar of Chits, Karimnagar, claiming an amount of Rs.4
The executing court must adhere to prescribed statutory procedures in recovery actions, especially in avoiding double recovery from judgment debtors.
The court upheld that salary attachment orders must comply with statutory provisions and cannot exceed the awarded amount from judgment debtors, emphasizing the co-extensive liability of sureties and....
The liability of co-sureties is co-extensive with that of the principal debtor unless otherwise provided by contract, allowing the decree holder to recover from any or all judgment debtors.
The liability of co-sureties is co-extensive with that of the principal debtor, allowing the decree holder to recover the awarded amount from any or all judgment debtors.
The liability of co-sureties is co-extensive with that of the principal debtor unless otherwise stated, and execution procedures must adhere to statutory requirements and prior legal precedents.
The decree holder can recover the awarded amount from any judgment debtor, including guarantors, as their liability is co-extensive with that of the principal debtor.
Decree-holders must adhere to the awarded amount in recovery proceedings against co-sureties under the Chit Fund and Contract Acts, prohibiting excess recovery.
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