THE HONOURABLE SRI JUSTICE N.TUKARAMJI

CIVIL REVISION PETITION No. 2575 OF 2025

ORDER:

Heard Mr. G. Madhusudhan Reddy, learned counsel for the

petitioners, and Mr. N. Amarnath, learned counsel appearing for

respondent No.1.

2. This Civil Revision Petition is filed assailing the order dated 26.06.2023 passed in E.P. No.463 of 2023 in A.R.B. No.310 of 2020

by the learned Principal Junior Civil Judge, Karimnagar.

3. The revision petitioners are Judgment Debtors Nos.6 to 8. The

brief facts relevant for adjudication are as follows:

4. Respondent No.1/Decree Holder filed A.R.B. No.310 of 2020 for recovery of an amount of Rs.17,50,283/- along with interest. Respondent No.2 was a subscriber to a chit series valued at Rs.30,00,000/-, agreeing to pay Rs.1,00,000/- per month for a period of 30 months, commencing from 28.02.2018. Respondent No.2 participated in the chit auction held on the same day and became the successful bidder, agreeing to forgo Rs.10,50,000/-. The present petitioners, along with respondents Nos.3 to 6, executed a Deed of

Guarantee dated 21.03.2018 as guarantors for the said chit transaction.

5. It is alleged that respondent No.2 defaulted in payment from the 15th instalment onwards. Despite repeated reminders and issuance of legal notices dated 13.11.2019 to the petitioners and respondents Nos.2 to 6, no payments were made, and no proof of service was filed. Consequently, the Chit Arbitrator passed an award on 26.06.2023 directing recovery of Rs.17,50,283/- with 18% interest on the principal sum of Rs.2,28,167/-.

6. Thereafter, respondent No.1 filed Execution Petition No.463 of 2023 on 08.12.2023 seeking recovery of Rs.19,71,955/- from the petitioners and respondents Nos.4 and 5. The Executing Court, by order dated 14.12.2023, issued an order of attachment of salary of the petitioners and respondents Nos.2, 4 to 6, directing their disbursing authorities to withhold a sum of Rs.25,58,345/-. However, it appears that the total amount withheld was approximately Rs.1,79,08,941/-, which far exceeded the decreetal amount of Rs.19,71,955/-.

7. Learned counsel for the revision petitioners/Judgment Debtors Nos.6 to 8 submits that the Executing Court issued attachment warrants for the entire decreetal amount, and the amounts deducted have already been credited. As the deductions exceeded the decreetal amount, the matter was brought to the notice of the Executing Court, which consequently passed the impugned order staying further attachment against Judgment Debtors Nos.3 to 8, including the petitioners herein.

8. Learned counsel further prays that the revision petitioners may be granted liberty to raise all their grievances before the Executing Court regarding the quantum of deduction, adjustment, and satisfaction of the decreetal amount.

9. On the other hand, learned counsel for respondent No.1/Decree Holder submits that he has no specific objection to the said request.

10. Having considered the submissions made and upon perusal of the material available on record, it is evident that the Executing Court has already stayed the attachment proceedings against the revision petitioners. Since the petitioners intend to pursue their available remedies before the Executing Court, it would be appropriate to permit the petitioners to ventilate all their grievances regarding attachment, adjustment, and execution before the same Court.

11. Accordingly, as the attachment against the revision petitioners has already been stayed by the Executing Court, and since they are at liberty to avail appropriate remedies available under law before the same Court, this Civil Revision Petition is disposed of, reserving to the petitioners such liberty. There shall be no order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 27.11.2025 CHS THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRP No.2575 OF 2025

27.11.2025 CHS