The court will not interfere with a trial court's order for salary attachment in an execution petition if the recovery process is already active and the execution petition has been closed.

ORDER

This Civil Revision Petition is filed against the order dated 17.10.2025 in E.P.No.35 of 2024 in O.S.No.395 of 2019 on the file of the Principal Senior Civil Judge at Khammam (for short, “the Trial Court”).

2. O.S.No.395 of 2019 was filed by the plaintiff for recovery of Rs.14,60,300/- (Rupees Fourteen Lakhs Sixty Thousand Three Hundred only) from the defendant. The respondent herein is the plaintiff and the petitioner is the defendant in the said suit. Vide judgment and decree dated 19.09.2022, the Trial Court directed the defendant to pay the suit amount of Rs.14,60,300/- to the plaintiff with interest @12% per annum on the principal amount of Rs.8,50,000/- (Rupees Eight Lakhs Fifty Thousand only) from the date of the suit till the date of decree and with further interest thereon @ 6% per annum from the date of decree till the date of realization. Thereafter, the plaintiff filed E.P.No.35 of 2024 in O.S.No.395 of 2019 on the file of the Principal Senior Civil Judge at Khammam, seeking attachment of the salary of the defendant for realization of E.P. amount of Rs.17,64,582/-. Vide order dated 17.10.2025, the salary of the petitioner herein was attached for a sum of Rs.6,93,355/-. Aggrieved by the said order, the present Civil Revision Petition has been filed.

3. Learned counsel for the respondent submitted that total decretal amount is Rs.14,60,300/-. but the attachment was made only for the sum of Rs.6,93,355/-.

4. Learned counsel for the petitioner submitted that the petitioner is willing to make the payment of Rs.15,000/- per month till the decretal amount is recovered.

5. Learned counsel for the respondent, however, opposed the same and submitted that the petitioner is earning more than Rs.1,00,000/- per month and therefore, the direction given by the Trial Court is proper and appropriate.

6. This Court finds that a sum of Rs.20,000/- is being recovered from the salary of the petitioner and taking the same into account, the E.P. has been closed on 15.12.2025. In view thereof, this Court does not find any reason to interfere with the order of the Trial Court.

7. With the above observations, the Civil Revision Petition is dismissed. There shall be no order as to costs.

Pending miscellaneous petitions, if any, shall also stand dismissed.