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2012 DIGILAW 3279 (MAD)

Singaravelu v. A. Maiyappan

2012-07-25

G.RAJASURIA

body2012
Judgment :- 1. Animadverting upon the order dated 20.4.2012 passed by the 2nd Additional Subordinate Judge, Coimbatore, in E.P.No.6 of 2011 in O.S.No.54 of 2006, this civil revision petition is filed. 2. The quintessence of the case of the revision petitioner, as put forth in this revision is to the effect that a money decree was passed as against him and straight away E.P. was filed; without giving proper hearing to him, who is the judgment debtor, the garnishee order was passed and now the revision petitioner's salary is being attached, even though he already discharged substantial portion of the decree amount. 3. The learned counsel for the petitioner/judgment debtor also would highlight that appeal was presented as against the money decree with the some delay and the delay was condoned and A.S. was numbered only yesterday. 4. I am of the considered view that it is for the revision petitioner/judgment debtor to approach the appellate forum concerned and seek for stay. As such, I could see no procedural illegality in the order passed by the lower Court. The E.P. itself was filed within two years from the date of passing of the money decree and even on that notice was given and garnishee order was passed. However, I make it clear that there should not be any excess recovery from the salary of the judgment debtor. 5. With the observation, this civil revision petition is dismissed. In the event of the revision petitioner approaching the appellate Court and seeking stay, the said application shall be taken up urgently and dealt with as per law. However, there is no order as to costs. Consequently, connected miscellaneous petition is dismissed.