Between v. Shaik Shabbir & Anr.

THE HON’BLE SRI JUSTICE GODA RAGHURAM C.R.P.No. 5425 of 2011 Dated: 06-01-2012 ORAL ORDER: This revision is directed against the order dated 15- 09-2011 of the learned III-Additional Junior Civil Judge, Guntur, making absolute the attachment warrant issued on 23-07-2011. O.S.No. 418 of 2008 was filed for recovery of money on the basis of a promissory note. The suit was allowed on 19-01-2009 decreeing the suit for an amount of Rs.44,075-00 towards the principal, interest and costs. The revision petitioner is the defendant, who suffered the decree and failed to satisfy the liability despite having the means to do so. The original decree holder filed E.P.No. 814 of 2009 and by the order dated 27-01-2010 it was dismissed. The 1st respondent (the transferee of the decree) filed E.P.No. 407 of 2011 for attachment of the revision petitioner’s retirement benefits since the revision petitioner was working as Junior Assistant in the Court of Principal Junior Civil Judge, Mangalagiri. The attachment was ordered on 23-07-2011 and by the order impugned herein, the order of attachment was made absolute. The only ground urged by the revision petitioner before the Court below was that the decree holder played “fraud” on the Court in obtaining the order of attachment by asserting that the revison petitioner/judgment debtor was about to retire in June, 2011, while he was due to retire only in July, 2011. Admittedly, the revision petitioner/judgment debtor retired in July, 2011. The Court below found no reason to raise the attachment earlier ordered merely on account of a discrepancy as to whether the judgment debtor would retire in June or July, 2011. There is no revisable error in the order of the Court below. There are no merits in the revision. The revision petition is accordingly dismissed at the stage of admission. No costs. __________________________ JUSTICE GODA RAGHURAM Dated: 06-01-2012 Pvks/ndr*