APHC010131142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA Civil Revision Petition No: 735 of 2025 Between:

1. Munukuru Kavitha, W/o. Manohar Reddy, Aged about 53 years, Occ-

Business, R/o Piduru Village, Manubolu Mandal, SPSR Nellore District.

...Petitioner and

1. Kalakanjeri Nagamani alias K.N. Nagamanai, W/o Nagaraju, aged about 61 years, R/o Kodandaramapuram, Manubolu Villlage and Mandal, SPSR Nellore District.

...Respondent Counsel for the Petitioner: Harinath Reddy Soma Counsel for the Respondent CH Naga Mehar Baba The Court made the following ORDER:

The Civil Revision Petition is filed under Section 115 of C.P.C.

against the order dated 06.02.2025 in Memo in C.F.No.153, dated 30.01.2025 filed in E.A.No.306 of 2024 in E.P.No.57 of 2022 in O.S.No.10 of 2020 passed by the Civil Judge (Senior Division), Gudur, partly allowing the memo filed by the revision petitioner for a sum of Rs.2,51,059/-.

2. The revision petitioner herein is the decree holder in O.S.No.10 of 2020 on the file of the Court of the Civil Judge (Senior Division), Gudur. She filed the suit O.S.No.10 of 2020 against the respondent/judgment debtor for recovery of an amount of Rs.25,58,501/- due under the promissory note and the said suit was referred to the Lok Adalat, Gudur and the same was settled and an award was passed on 07.05.2022 before Lok Adalath. As the respondent/judgment debtor failed to pay the amount in terms of the decree, the revision petitioner/decree holder filed E.P.No.57 of 2022 for realisation of the decreetal amount by way of issuance of warrant to the Branch Manager, Mutukuru Branch No.2, SPSR Nellore District/Garnishee of the respondent/judgment debtor’s balance amount after realisation of the bank amount in a public auction conducted on 20.10.2022, which are lying in the said bank, who is a custodian officer of the judgment debtor’s remaining amount. Accordingly, a notice was issued to the Garnishee for withholding the decreetal amount and in pursuance thereof, the bank authorities has deposited the amount of Rs.29,37,340/- into the Civil Court Deposits by way of demand draft and now the said amount is lying in Civil Court Deposits. The revision petitioner/decree holder filed E.A.No.306 of 2024 seeking to send the amount i.e., Rs.29,37,340/- through CFMS and to credit the same into her Savings Bank Account No.31600027362 with IFSC No.SBIN0006112 of the State Bank of India, Manubolu Branch, Manubolu village, SPSR Nellore District, enabling her to withdraw the said amount towards part discharge of E.P. amount. The said petition was allowed on 11.03.2024 and ordered issuance of a cheque through Public Deposits Disbursement Bill through CFMS, for Rs.29,37,340/- for crediting the same in the account of the revision petitioner/decree holder. However, the said amount has not been remitted till now.

3. While so, one Panabaka Ramesh, claiming to be decree holder in O.S.No.222 of 2022 filed E.A.No.142 of 2023 in E.P.No.57 of 2022 in O.S.No.10 of 2020, against the respondent/judgment debtor herein, under Section 73 (c) of the Code of Civil Procedure, seeking to declare him as rateable decree holder and discharge the amount of Rs.20,65,472/- due to him under E.P.No.60 of 2022 in O.S.No.222 of 2022 pending on the file of Principal Junior Civil Judge’s Court, Gudur. He stated that after passing the decree in O.S.No.222 of 2022, he filed Execution Petition against the respondent/judgment debtor herein for realisation of the decreetal amount by issuance a Garnishee order to the Branch Manager, Union Bank of India, Muthukuru Branch-II, SPSR Nellore District for attachment of Rs.22,00,000/-, out of Rs.68,45,000/- in the name of the respondent/judgment debtor herein. Whereas the bank authorities sent a letter dated 27.02.2023 addressing to the Court of Principal Junior Civil Judge’s Court, Gudur, stating that they sent an amount of Rs.29,37,340/-