IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE JUSTICE B.R.MADHUSUDHAN RAO
P.Kousalya – Appellant
Versus
ADDAGATLA NARSAIAH (DIED) – Respondent
CRP 3420/2023
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON’BLE JUSTICE B.R.MADHUSUDHAN RAO CIVIL REVISION PETITION.NO.3420 OF 2023 Dated: 6th FEBRUARY, 2026 BETWEEN :
1. P.Kousalya, W/o.Madhumohan Reddy and Another … Petitioners-Judgment Debtors AND
1. Addagatla Narsaiah (Since Died) His LRs.
2. Addagatla Krishna Mohan, S/o.Late Narsaiah, Aged about 50 years, Occ: Business, R/o.H.No.2-4-123/SP/101, Satyanagar Colony, Uppal, Hyderabad and Others.
…Respondents
ORDER
1.1. The present Memorandum of Civil Revision Petition is filed under Section 115 of Civil Procedure Code, 1908 (for short ‘CPC’) assailing the order passed by the learned Principal Junior Civil Judge Cum Judicial Magistrate of First Class at Bhongir in E.P.No.113 of 2010 in OS.No.411 of 2007, dated 25.09.2023.
1.2. Petitioners are the Judgment Debtors (for short ‘JDRs’) and respondent Nos.1 to 5 are the Decree Holders (for short ‘DHRs’).
Respondent No.6 is the Superintendant (Drawing Officer), Government Maternity Hospital, Sultan Bazar, Koti, Hyderabad.
2. Respondent Nos.1 to 5-DHRs have filed E.P.No.113 of 2010 in OS.No.411 of 2007 for recovery of Rs.77,196/- and the prayer made in the E.P. is to attach the salary of JDR No.1 (petitioner No.1 herein) and attach the movable properties of JDR No.2 (petitioner No.2 herein). The movable properties to be attached against JDR No.2 (petitioner No.2 herein) are television, wooden tables (2 in number), wooden chairs (4), ceiling fans (4), refrigerator (1), steel almirah (1), other movables at the time of attachment, in total Rs.64,000/-.
3. Petitioners-JDR Nos.1 and 2 filed counter. The learned trial Court has passed order on 25.09.2023 attaching the salary of petitioner No.1-JDR No.1 as per the Calculation Memo filed by the DHRs (respondent Nos.1 to 5 herein) under Order 21 Rule 48 of CPC by complying the provisions of Section 60 of CPC on payment of process.
4. Learned counsel for the petitioners submits that the learned trial Court has ordered the salary attachment warrant of the petitioner No.1-JDR No.1 without going through the facts and circumstances of the case and also failed to appreciate the material placed on record, violated the orders of the High Court in CRP.MP.No.87 of 2013 in CRP No.71 of 2013, dated 21.01.2013. Wherein the petitioner No.1-JDR No.1 has deposited total amount of Rs.47,696/- vide Treasury Challan No.6401, dated 18.02.2013. The E.P. amount is Rs.77,196 - Rs.47,696/- paid by the petitioners-JDRs and the balance is Rs.29,500/- and prayed to set aside the impugned order.
5. Learned counsel for the respondent Nos.1 to 5 submits that the learned trial Court has rightly passed the order attaching the salary of the petitioner No.1-JDR No.1 and no interference is called for, prayed to dismiss the CRP.
6. Learned counsel on record have filed their Calculation Memo in support of their contentions.
7. Heard learned counsel on record, perused the material.
8. Now the point for consideration is : Whether the order passed by the learned trial Court suffers from any perversity or illegality? If so, does it require interference of this court?
Point :
9. Petitioners-JDRs have filed copy of the salary attachment warrant which is addressed to the Medical Officer, Office of the Government Maternity Hospital, Sulthan Bazar, Koti, Hyderabad wherein the Drawing Officer was directed to withhold a sum of Rs.77,196/- subject to Section 60 of CPC from the salary of petitioner No.1-JDR No.1 within 24 months.
10. Record goes to show that the learned trial Court has earlier passed an order in EP.No.113 of 2010 in OS.No.411 of 2007 on 14.11.2012 attaching the salary of the petitioner No.1-JDR No.1. Petitioners-JDR Nos.1 and 2 have filed CRP No.71 of 2013 challenging the order, dated 14.11.2012 in EP No.113 of 2010. CRP filed by the petitioners was disposed of on 15.02.2017. The order passed by this Court in the above said CRP is as under:
“4. Learned counsel for the petitioners submitted that the petitioners deposited an amount of
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