High Court · 2025

Rt/o.Flat.No.301, llM Floor, Sri Balaji Towers, Old Safilguda, Eeside JBR School, AS Rao Nagar, Sec$ad. ...RESPONDENT/DECREE+IOLDER

3. Hanumanthu Venkateshwarlu, S/o. Jangaiah aged about 43 years, Occ. School Asst. Emp.code. 14287 53 Olo. Zrlla Parishad High School, Kongara Kalan, Ibrahirnpatnam, Ranga Reddy Dist. R/o H No 4-2OlN1, Road No. 7, Sri Srinivasa puram Cdony, Gurram guda, Balapur, Rangareddy Dist. 4. Ashok Ratfpd, S/o. Bhikku aged about 52 years, Occ. Junior Asst. o/o T.S.T.W.R. JuniorCollege(G) Gurukulam, K B.Compiex, Utnoor, Adilabad Dist. R/o. H.No.8-32, Near MRO Office, Mominpura, Utnoor, Adilabad. 5. Ammai Jaya Rani, D/o Gopala Krishna aged about 47 years, Occ. School Asst. Emp.code.1523180, o/o Zilla Parishad High School Dharoor Colony, Jagitial R/o. H. l'lo .2- 5-33, Puranipet, Jagitial. Y .1/'

6. Gangadhari Ravi, S/o Gangaram, aggd aqgqt 48-ye-ars, Occ. Sggonlqry Grad? Teacher, Emp.code. 1 531 706- O/o. M.P'P.S Guddampalli Jagtial Dist. R/o. H. No. 1 -1 -'l 2 1 0 Pochammawada, Korutla, Jagtial Dirit.

7. Bandi Chandra Hari, S/o Agaiah, aged abor.rt 51 years, r)cc. Head Master, Emp. code. 1516176 Olo Z.jttta Pariahad High School Donthapur, Dharmapuri Mandal, Jagtial Dist.Rl/o. Q.No.4-2160,PTSJyothinagar, Godavarikhani, Peddapally District.

8. Alampalli Ramachandraiah, S/o. Ramulu, aged about 4(:i years, Occ. Conductor-2, Staff No. 212910, o/o. T.S R.T.C, Midhani Depot., Hyderabad Region, Hyderabad. R:/o.Plot.10 SBH, Colony, LB Nagar Saroornagar, Rangareddy. (Respondents 2 to 8 are not necessary parties to this petition) ...RESPONDENTST JI,IDGM ENT-DEBTORS lA NO: 2 OF 2025 Petitaon under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 17 days in filing the C.R.P. lA NO: 3 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated tn the affidavit filed in support of the petition, the Higth Court may be pleased to stay of all further proceedings of impguned salary attachment order dated 23-12-2024 passed in EP,No.'13 of 2022 in ARB.No.71 of 2021 on the file of the Additional Senior Civil Judge. at Karimnagar, in the interest of justice. Counsel for the Petitioner: SRI B ARJUN Counsel for the Respondents: G VASANTHA RAYUDU The Court made the following: ORDER I I I HON'BLE SRIJUSTICE K. LAKSHMAN CIVIL REVISION PETITION No.1338 OF 2025 ORDER: Heard Sri B.Arjun, leamed counsel for the petitioner - Judgment Debtor No.5 and Sri G.Vasantharayudu, leamed counsel appearing for respondent - Decreeholder.

2. This revision is filed under Section - I I 5 of the Code of Civil Procedure, 1908, challenging the order dated 23.12.2024 passed in E.P. No.l3 of 2022 in ARB. No.7l of 202 1 (w'rongty typed as O.S.No.7l of 2021) by the leamed Additional Senior Civil Judge at Karimnagar.

3. Respondent No.1 is a Chit Fund Company. 2"'r rcspondent is the subscriber of the subject chit. The petitioner and respondent Nos.i to ll are guarantors to the said chit. The respondent No.l had tilcd an application under Section 64 of the Chit Fund Act, t982 bctirre the ('hit Arbitrator/Deputy Registrar of Chits at Karimnagar against the pctilioner and respondent Nos.3 to 8 herein for recor'e n' ol'an atnoutrt ol Rs. 18,43,000/-. Learned Chit Aftitrator/Deputy Registral passed an Arvard dated 30.12.2021 holding that the petitioner and respondent Nos.l to 8 are jointly and severally liable to pa)' an atnount of' I i i I I I I l I ! 2 Rs.18,43,000/- along with interest at the rate of lSoh per annum on the principle amount from the date of dispute till realization.

4. l't respondent had filed E.P.No. l3 of 2022 t<:' recover the said amount from the petitioner herein and respondent Nos.2 to 8. Leamed Additional Senior Civil Judge at Karimnagar ha'C passed salary attachment order dated 23.12.2024 directing the Disb'ursing Officer of the petitioner herein to withhold an amount of Rs.3,(t3,394l- from the salary o[ the petitioner herein, as per Section 60 of CPC after deducting standard deduction plus one thousan,l arrd 213'd of remaining gross salary and shall remit balance 1/3''r of salary every month tiom the date of receipt of the said warrant. Challenging the said order. the petitioncr herein tiled the present Revir;ion.

5. I earncd counscl tbr the petitioner herein would contend that the petitir.rner is rvorking as LFT Head Master., in T'.W.A.H.S. Sunnambatti. Aswaraope ta, Kothagudem. It is in Agency area. Therefbre. the CPC is not applicable. Execution oli decree shall be made in rrccordancc rvith Rule 35 of the Telanga na (AP) Agency Rules. l9-1.1 (fbr shorr. 'thc Rules').

6. t-he petitioner has flled counter in E.P.No.13 of 2022 on

18.07.101,1 contending that he belongs to agenoy area. W'ithout { I J considering the same, leamed Executing Court has issued salary arrachrnent order dated 23.12.2024 which is illegal. with the said submissions, he sought to set aside tlre order dated 22'122024 in E.P.No. 13 o12022 in ARB.No.7l of 2021'

7. Whereas, Sri G.Vasantharayudu, leamed counsel tbr the respondent No.l would contend that Sunnambatti, Aswaraopet' is not in agency area. However, it is a factual aspect to be decided by the Executing Ciourt.

8. As rightty contended by the petitioner, he has filed counter in E.P.No. l3 ol 2022 specifically contending that 1't respondent/D Hr' is rcsidcnt ol' non-agency area and the petitioner is resident of agcncl" area. Excctttion of decree shall be made under Rule i5 ot' tltc -l-e langana Agency Rules, 1924 ( for short, 'the Rules' )' sincc thc dccrcc is in between non-tribe and tribe i'e' the place of residence ol thc petitioner/J. Dr.5 is within the jurisdiction of Mulugu District arrd his place ol working is within the jurisdiction of Bhadradri Kotlragudcnr District. As per Rule 35 of the Rules' if a decrec is passecl by a Court in India situated outside the said tracts' the (-()ur1 issuing thc decree shall forward the decree and a copy of the iudunlcttt in thc suit to the Agent to State Govemment who shall cause thc 1 decree to be executed in the manner provided by ttrese rules for the execution of a decree passed by him

9. Perusal of the Award passed by the leamed Arbitrator would reveal that respondent No. I /Chit Fund Compan',, is situated at Mankammathota, Karimnagar Branch. The petitioner herein is a resident of Sunnambatti, Aswaraopet. He is workins in T.W.A.H.S. office, the Government Hostel. He has filed certificat,3 showing that he belongs to schedule tribe. Fle has also filed G.O.Ms.No.89, dated

12.06.201:; shon,ing that Sunnambatti village is in agency area. However, he has not fl led the said documents befo re the Executing Court. Despite takine the albrcsaid specific contention, the petitioner should havc liled copies ol' the said documents, requested the Executing ('ourl to pcrrnit hirn to lead evidence r,rnd consider the same. Ho',ve r er. the petitioncr has specifically contended that the execution proceedings pending or1 the llle of the learned Judge are in violation of the age nc_r, rules. It is scttled larv that the petitioner herein /J.Dr.No.5 can resisl the execulion proceedings by taking all grounds and contentions likc a suit.

10. [n the light of the said subrrrission, this rer ision is disposed of directing the Executing ('ourt ro consider the zlbresaid aspects, ) contentions raised by the p€titioner/J.Dr.No.5 that the Award passed by the Chit Arbitrator is not in accordance with Rule 35 of the Rules. Liberty is granted to the petitioner to request the Executing Court to perrnit him to adduce evidence to mark the aforesaid documents. Learned Executing Court shall consider the same and dispose of the E.P.No. l3 o12022 in accordance with law. I l. As discussed supra, the E.P.is of the year N22. Therefore, learned Additional Senior Civil Judge, at Karimnagar is directed to dispose ol the E.P. No. l3 of 2022 in ARB.71 of 2021 in accordance with [aw, as exped itiously as possible preferably within a period of three rnonths fiorn the date of receipt of a copy of this order. As a scquel thcreto. miscellaneous petitions, if any, pending in this rcr ision shall stand closed /TTRUE COPY,, i3!,$"^'-T*qiJf#E .ecfl3rn{rr'"en To, Additional Senior Crvil Judge' at Karimnagar One CC to SRI B ARJUN Advocate IOPUCI One CC to SRI G VASANTHA RAYUDU A'dvocate [OPUCI Two CD CoPtes 1 L, J 4 ss/gh {^- l-l t Slr.i 6 i 16 SEP ul6 ( v .,4\ri '..1;r. r .,,. ' - ,/ HIGH COURT DATED:041O112025 ORDER CRP.No.1338 of 2025 DISPOSING OF THE C.R.P. @G Mr#w