✦ High Court of India · 27 Nov 2025

The High Court · 2025

Case Details High Court of India · 27 Nov 2025
Court
High Court of India
Decided
27 Nov 2025
Length
1,111 words

Acts & Sections

M/s Srinidhi Chits (Hyderabad) P Legal Manager S.Karnakar S/o S Karimnagar AND rivate Ltd., Karimnagar Branch rep by its amma Rao Aged about 37 years r/o ...RESPONDENT/DHR

2. Kommera Sridevi, Wio. Vasudeva Roo, Aged about 54 Ye'srs, Occ. Secondary Grade Teacher Employee code- 1333675, o/o. MPPS Rajpet. Mdl, Chennur, Dist. Mancherial, R/o H.No. 18-629, LIC Colony, Mancherial District. 3. Kache Vasudeva Rao, S/o. Shankar Rao, Aged about 54 Years, Occ. Finance Business, R/o. H.No. 18-629, LIC Colony, Mancherial District.

4. Madasu Kistaiah, S/o. Sammaiah, Aged about 5o Years, Occ. Secondary Grade Teacher, Employee code- 1322898, O/o MPUPS Angarajpalle, Mdl, Chennur, Dist. Mancherial, Rl/o. H.No. 26-120, Kummoriboguda street, Chennur, Dist.Mancherial.

5. Devella Narayana, S/o. Pothanna, Age about 58 Years, Occ. Language Pandit Gell, Employee code- 1322486, O/o. MPPS Koutala, Mdl., Koutala, Dist. Adilabad, R/o. H.No. 2, Pochamma wada, Akkopalli, Dist. Mancherial,

6. Kavitharaju Vijaya Kumar, S/o. Narayana, Aged about 57 Years, Occ. Secondary Grade Teacher, Employee cr,de. 1322853, 0/o, MPPS Rajpet, Mdl, Chennur, Dist. Mancherial, R:/o. H.No. 15-20, Gachimazeed Street, Chennur, Dist.Mancherial. (R2 TO R6 formal partiesinot necessary parties) ...RESPONDENTS/JDRS 2 TO 5 lA NO: 2 OF 2025 Petition under Section 'l 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the order of the attachment of salaries of the petitioners vide order dated 26.06.2023 in EP NO.463/2023 in ARB NO.310 of 2O2O on the file of the Court of Principal Junior civil Judge at Karimnagar. Counsel for the Petitioners: SRl. GUDI MADHUSUDHAN REDDY Counsel forthe Respondent No.1: N AMARNATH The Court made the following: ORDER / / / / THE HONOURABLE SRI JUSTICE N.TUKARAMJI CIVIL REVISION PETITION No.2575 OF 2025 ORDER: Heard Mr. G. Madhusudhan Reddy, learned counsel for the petitioners, and Mr. N. Amarnath, learned counsel appearing for respondent No.1

2. This Civil Revision Petition is filed assailing the order dated

26.06.2023 passed in E.P. No.463 ot 2023 in A.R.B. No.310 of 2020 by the learned Principal Junior Civil Judge, Karimnagar.

3. The revision petitioners are Judgment Debtors Nos.6 to B. The brief facts relevant for adjudication are as follows:

4. Respondent No.1/Decree Holder filed A.R.B. No.310 of 2020 for recovery of an amount of Rs,17,50,283/- along with interest. Respondent No.2 was a subscriber to a chit series valued at Rs.30,00,0004, agreeing to pay Rs.1,00,000/- per month for a period of 30 months, commencing from 28.02.2018. Respondent No.2 participated in the chit auction held on the same day and became the successful bidder, agreeing to forgo Rs.t0,50,0001. The present petitioners, along with respondents Nos.3 to 6, executed a Deed of \ 2 Guarantee dated 21 .03.2018 as guaiantors for the said chit transactron

5. lt is alleged that respondent No.2 defaulted in payment from the 15th instalment onwards. Despite repeated reminders and issuance of legal notices dated '13.'l 1.2019 to the petitioners and respondents Nos.2 to 6, no payments were made, and no proof of service was filed. Consequently, the Chit Arbitrator passed an award on 26.06.2023 directing recovery of Rs.17,50,2831 with 18olo interest on the principal sum of Rs.2,28,167/-.

6. Thereafter respondent No.1 filed Execution Petition No.463 of 2023 on 08.12.2023 seeking recovery of Rs.19,71,955/- from the petitioners and respondents Nos.4 and 5. The Executing Court, by order dated 14.12.2023, issued an order of attachment of salary of the petitioners and respondents Nos.2, 4 to 6, directing their disbursing authorities to withhold a sum of Rs.25,58,345/-. However, it appears that the total amount withheld was approximately Rs.1,79,08,9411-, which far exceeded the decreetal amount of Rs. 19,71 ,955/-.

7. Learned counsel for the revision petitioners/Judgment Debtorp Nos.6 to 8 submits that the Executing Court issued attacnmJnt I I warrants for the entire decreetal amount, and the amounts deducted 3 /t ,,, have already been credited. As the deductions exceeded the decreetal amount, the matter was brought to the notice of the Executing Court, which consequently passed the impugned order staying further attachment against Judgment Debtors Nos.3 to 8, including the petitioners herein.

8. Learned counsel further prays that the revision petitioners may be granted liberty to raise all their grievances before the Executing Court regarding the quantum of deduction, adjustment, and satisfaction t t of the decreetal amount.

9. On the other hand, learned counsel for respondent No.1/Decree Holder submits that he has no specific objection to the said request.

10. Having considered the submissions made and upon perusal of the material available on record, it is evident that the Executing Court has already stayed the attachment proceedings against the revision petitioners. Since the petitioners intend to pursue their available remedies before the Executing Court, it would be appropriate to permit the petitioners to ventilate all their grievances regarding attachment, adjustment, and execution before the same Court.

11. Accordingly, as the attachment against the revision petitioners has already been stayed by the Executing Court, and since they are at 4 liberty to avail appropriate remedies available under law before the same Court, this Civil Revision Petition is disposed of, reserving to the petitioners such liberty. There shall be no order as to costs. Pending miscellaneous app!ica!191s, !! any, shall stand closed. \ //TRUE COPY// Sd/. A.H.S. GOWRI ASSISTANT R SHANKAR -/ \r SECTTON OFFIGER To,

1. The Principal Junior Civil Judge' Karimnagar i. o"L cc to Sri Gudi Madhusudhan Reddy' Ad i. o;; cc to sti. N.Amamath, Advocate [oPucl 4. Two CD CoPies. , vocate [OPUCI PSt(kam [*- HIGH COURT DATED:2711112025 ORDER CRP.No.2575 of 2025 DISPOSING OF THE CIVIL REVISION PETITION J-K5 <of ,f aa ,. tr1!: ) ,/ ..) r_)o 2I JAr{ 2026 * Os"rifrj!I ^.

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