Research › Search › Judgment

Andhra High Court · body

2024 DIGILAW 185 (AP)

P. Santha Kumari v. B. Sugunamma

2024-02-03

R.RAGHUNANDAN RAO

body2024
ORDER : (R. Raghunandan Rao, J.) The respondent herein had obtained a decree against the petitioner herein in O.S.No.91 of 2013 for recovery of certain amount of money. It is submitted that the decretal amount was around Rs.6,35,642/-. The respondents herein had filed O.E.P.No.7 of 2023 in the Court of the learned Senior Civil Judge at Punganur for recovery of the said amount and had obtained attachment of the salary of the petitioner in the hands of her garnishee, by way of an order dated 21.08.2023. 2. Aggrieved by the said order, the petitioner moved this Court by way of the present Civil Revision Petition with the contention that that her salary is needed for payment and various other purposes including medical expenses due to which any attachment of the salary of the petitioner would result in grave dislocation for the petitioner. 3. This Court, by an order dated 17.11.2023 had stayed the order of the Executing Court subject to the condition of the petitioner depositing a sum of Rs.2,50,000/- by 08.12.2023. The said sum was deposited by the petitioner and the respondents herein are permitted to withdraw the same from the Executing Court, without offering any security. 4. As far as the remaining decretal amount is concerned, the learned counsel of the petitioner would submit that the petitioner is willing to pay the said decretal amount in two instalments and the learned counsel for the respondents does not raise any objection except to the extent of seeking a default clause in the event of failure to pay the said instalments. 5. In the circumstance, this Civil Revision Petition is disposed of setting aside the order of attachment dated 21.08.2023 in O.E.P.No.7 of 2023 in O.S.No.91 of 2013, subject to the condition of the petitioner depositing the decretal amount by way of two equal instalments with the 1st instalment being payable by 10.05.2024 and the 2nd instalment being payable by 10.08.2024. In the event of any default in these payments, the order of attachment would revive and it would be open to the respondents to initiate further action as may be necessary for recovery of the decretal amount. Needless to say, any amount deposited by the petitioner can be withdrawn by the respondents without offering any security. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed.