The High Court · 2025

Petition under Section i Si CpC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to grant stay of all further proceedings in E.p.No. ggl2olg in Dispute No. 369 of 2015 dated 6.2 2019 incruding attachment of sararies of the petitioner by the r Senior Civil Judge, City Civil Court, Hyderabad. For the Petitioners . Sri y.V.S.S. Siva Sarma, Advocate For the Respondent No. j : Sri Balguri Srinivas. Advocate The Court made the following: ORDER -l THE HONOURABLE DR.JUSTICE G.RADHA RANI CML REVISION PETITION No.l450 of 2019 ORDER: This Civil Revision Petition is filed by the petitioners/JDR Nos.3 and 4, aggrieved by the order passed for attachment of salary of the petitioners in E.P.No.9S of 2019 in Dispute No.369 of 20 15, dated

06.02.2019 by the learned I Senior Civil Judge, City Civil Court, Hvderabad.

2. Heard Ms.Y.Harika, leamed counsel for the petitioners and Ms.C.Shobana, leamed counsel representing Sri Balguri Srinivas, leamed counsel for the respondents.

3. Learned counsel for the petitioners submitted that learned I Senlor Civil Judge, City Civil Court, Hyderabad, erred in passing the order for the attachment of salary of the petitioners for an amount of Rs.l5,07,2641- agahst each of the petitioners, which was in violation of principles of natural justice and prayed to allow the CRP by setting aside the said order. 2 Dt.GRR,J CRP Nd l1S0 of 2019 -i

4. On the other hand, leamed counsel for the respondents contended that the respondent No.3 joined as the member of the chit for a total value of Rs. 10,00,000/- and participated in the chit auction on 22.05.2013 conducted as per Rules and became successful bidder. He agreed to forego Rs.4,00,000/- out of the total chit value. Respondent No.3 paid a sum of Rs.60,000/- on the date of auction. He failed to pay the amount of Rs.9,40,000/- in installments as agreed. As such, the matter was referred to the Arbitrator. An Award was passed by the Deputy Registrar of Chits/Arbitrator, Medchal Malkajgiri District at Medchal for an amount of Rs.15,07,2641-, against the petitioners herein who were guarantors to the said agreement along with respondent No.3 (principal debtor) and held that they were jointly and severally liable to pay the above sum. The respondent/DHR filed E.P.No.98 of 2019 and the leamed I Senior Civil Judge, after going through it, passed an order for attachment of the salary. There was no illegality in the order passed by the learned I Senior Civil Judge. The DHR had not received the amount till date, due to the stay order passed by this Court on 01.04.2019 and prayed to dismiss the CRP. \_ DI,GRRJ CRP No.t150 of2019

5. Perused the record. As seen from the record, the Depufy Registrar of Chits/A-rbitrator, Medchal Malkajgiri District at Medchal passed an order on 09.04.2018 stating that the disputant was entitled to recover Rs.9,56,6261- along with the interest at lSYo per annum on the principal amount of R:s.1,92,625l- along with costs of Rs'28,152l- from the date o[ dispute till the date of realization and that the opponent Nos.l to 6 were jointly and severally liable to pay the said amount.

6. An E.P. was filed vlde'E.P.No.98 of 2019 for an amount of Rs.15,07,2641-. The leamed I Senior Civil Judge, City Civil Court' Hyderabad, had issued orders directing to attach the salary of JDR Nos.3 and 4 for the entire sum of Rs'15,07,264/- against each of the JDRs without distributing the amount between the JDRs. Though the decree is jointly and severally liable, directing to withhold an amount of Rs.15,07,264l- from each of the JDR Nos.3 and 4 from their salaries, would amount to recovering twice the decretal amount. As such, this Court considers the same as illegal. As such, the impugned order passed by the learned I Senior Civil Judge is set aside. The salary disbursing officeg:of the petitioners/JDRs 3 and 4 are directed -ar 4 DrGRn t (:RP No.l150 oJ2019 to withhold Pis.1,53,6321- from each of the petitioners herein in equal monthly instatllments to an extent of one third of their salaries 7 . With the above direction, the Civil Revision Petition is disposed of. No order as to costs. Miscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY// SD/- A.PRATHIMA DEPUTY REGISTRAR SECTI #-u,"=*

1. The I,Senior Civil Judge, City Civil Courts, Hvderabad 2. One CC to Sri Y.V.S.S.Siva Sarma, Advocate 1OeUC1 3. One CC to Sri Balguri Srinivas. Advocate topU'Cl 4. Two CD Copies - KNI(PSL w HIGH COURT DATED.17t3t2025 ORDER CRP.No.1450 of 2019 i' o i') 2 I it]l 2025 7 c)x \ -- i:'/ REVISION IS DISPOSED OF, NO COSTS GcqP(a 'YN q\