The Hon’ble Sri Justice J.Sreenivas Rao Civil Revision Petition No.2517 of 2025

Order

:

This Civil Revision Petition is filed invoking the provisions under Article 227 of the Constitution of India aggrieved by the order dated 25.02.2025 passed by the learned Principal Junior Civil Judge, Kothagudem in E.P.No.1 of 2025 in O.S. No.163 of 2015.

2. Heard Mr.N.Hari Prasad, learned counsel for the revision petitioner and Mr.S.Suresh, learned counsel, representing Ms.M.Swathi, learned counsel for respondent No.1/Decree Holder.

3. Learned counsel for the revision petitioner submitted that the revision petitioner is an employee of the Singareni Collieries Company Limited and discharging his duties as a Supportman and he has not availed any amount from respondent No.1 and there is no relationship between respondent Nos.1 and 2.

However, the Singareni Collieries Company Limited deducting the amount from his salary basing upon the salary attachment warrant issued by the learned Principal Junior Civil Judge, Kothagudem in E.P.No.1 of 2025 in O.S.No.163 of 2015. Hence the order of attachment issued by the Court below is contrary to law and the same is liable to be set aside.

4. Learned counsel appearing on behalf of respondent No.1 fairly submits that respondent No.1 filed suit i.e. O.S.No.163 of 2015, on the file of the Principal Junior Civil Judge, Kothagudem against respondent No.2, who is the Judgment Debtor, for recovery of amount of Rs.2,27,472/- based on the promissory note, dated 01.05.2013 and the said suit was decreed on 04.08.2017 and the revision petitioner is no way concerned in respect of E.P.No.1 of 2025 and respondent No.1 has already received the amounts pursuant to the decree passed in O.S.No.163 of 2015.

5. Having considered the submissions made by the respective parties and after perusal of the material available on record, it reveals that respondent No.1 filed suit in O.S.No.163 of 2015, on the file of the Principal Junior Civil Judge, Kothagudem against respondent No.2 for recovery of amount of Rs.2,27,472/- basing on the promissory note, dated

01.05.2013 and the same was decreed on 04.08.2017.

6. The record further reveals that the revision petitioner is no way connected with the above said decree, however, the execution Court issued salary attachment warrant in E.P.No.1 of 2015 on 25.02.2025. Pursuant to the said warrant, the Singareni Collieries Company Limited issued salary attachment order on 26.02.2025 and recovering an amount of Rs.18,863/- (Rs.18,768/- + 95/- towards Demand Draft charges) from the salary of the revision petitioner. Even according to learned counsel for respondent No.1, the revision petitioner is no way concerned with the above E.P.No.1 of 2025 and respondent No.1/Decree Holder recovered entire amount pursuant to the decree dated 04.08.2017.

7. Taking into consideration the above said facts and circumstances, the impugned salary attachment issued against the revision petitioner in E.P.No.1 of 2025, dated 25.02.2025 is liable to be set aside.

8. Accordingly, the Civil Revision Petition is allowed and the order dated 25.02.2025 passed by the learned Principal Junior Civil Judge, Kothagudem in E.P.No.1 of 2025 in O.S. No.163 of 2015 is set aside and the revision petitioner is granted liberty to file necessary application in E.P.No.1 of 2025 for refund of the amount, which was already deducted from his salary. Respondent No.1 is entitled to avail the remedies as available under law if any cause is exists. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, stand closed.

___________________ J.SREENIVAS RAO, J Date: 07.08.2025 Note: Issue C.C. in one week.

B/o pgp