Dr.Abdul Rasheed v. This revision is directed aggrieved by the order, dated

THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITON NO.76 OF 2010 ORDER: This revision is directed aggrieved by the order, dated 05-10-2009, in E.P.No.22 of 2009 in O.S.No.1931 of 2007, on the file of the VII Senior Civil Judge, City Civil Court, Hyderabad, in attaching the salary of the petitioner herein.

The decree obtained by the D.Hrs. has become final. Therefore, the present petition was filed under Order XXI Rule 48 CPC to attach the salary within the prescribed limits as provided under Section 60 CPC.

Learned counsel appearing for the petitioner contended that without there being any notice, salary of the petitioner was attached and therefore, he prays to set aside the impugned order.

Order XXI Rule 48 CPC does not contemplate issuing of any notice before ordering attachment of salary. Sub-rule (1) of Rule 48 relates to attachment of salary or allowances of certain class of employees as mentioned, but such attachment must be subject to Section 60 CPC. When the order of attachment under this rule should be in form prescribed and it becomes effective as soon as notice is served on the disbursing officer. In the absence of any illegality in the impugned order passed by the Executing Court, question of interference by this Court does not arise. Learned counsel for the petitioner submits that some payments have been made by the petitioner-J.Dr. to the D.Hrs, but the same have to be decided by the Executing Court in accordance with law.