Case Number: EP/73/2023
Parties: M.V. Prasad versus B. Sreedhar
Order Number: 1
Filing Date: Sat, 04 Mar 2023
Order Date: Tue, 17 Oct 2023
Order Description: Copy of Order
Status: EP
Stage: HEARING
Present: - Sri Shaik Baba Fakroddin Principal Junior Civil Judge, Kurnool.
Tuesday, the 17th day of October, 2023
M.V.Prasad, s/o.M.Vasantha Guptha, R/o.H.No.40/809-1-B, Dharmapeta Road, Kurnool …. D.Hr
B.Sreedhar, s/o.B.Ananthaiah, GSTO, O/o.Joint Commissioner (ST), Kurnool District, Near Indus School, Gooty Road, Kurnool .... J.Dr
This petition coming on 09.10.2023 before me for hearing in the presence of Sri R.Murali Krishna, Advocate for the D.Hr and of Sri B.Nagalakshmi Reddy, Advocate for the J.Dr and upon hearing both sides and having stood over for consideration till this day, this court made the following:-
1. This is an execution petition filed by the petitioner / D.Hr under order 21 Rule 48 of C.P.C. for attachment of the salary of the Respondent/J.Dr for realization of E.P., amount.
2. The brief facts averred in the affidavit of Petitioner/D.Hr filed along with the petition are:- On 23.12.2022, the D.Hr obtained a Decree against the respondent/J.Dr on the basis of Suit promissory note. Thereafter, he informed the same to the respondent and demanded to discharge the decree amount. But, he did not choose to pay the Decree amount. Hence, he filed the E.P. for the recovery of Decree amount by the way of attaching the salary of the respondent/J.Dr. The respondent/J.Dr is working as GSTO, O/o. Joint Commissioner (ST) Kurnool Division, Near Indus School, Gooty Road, Kurnool, Kurnool District. He is drawing the salary of Rs.1,00,000/- per month, hence the J.Dr is having sufficient means to pay the EP amount. Hence, it became necessary to recover the Decree amount by attaching the salary of respondent/J.Dr as per law. On enquiry, there are no salary attachments pending over the salary of the J.Dr. It is therefore prayed, that the Hon'ble Court may be pleased to order to attach the salary of the respondent/J.Dr as per law and direct the drawing officer to remit the attachment portion of salary to the Hon'ble Court deposits for the realization of the Decree amount as otherwise, the D.Hr will be put to irreparable loss and hardship.
3. The Respondent/J.Dr filed his counter, stating that (i) the J.Dr salary was shown in the EP schedule is very excessive. The J.Dr having two male children and one female child. The J.Dr and his wife are patients and suffering with diabetic and blood pressure using medicine regularly. The regular check-up and medical expenses will occurred Rs.20,000/- per month. All the children of J.Dr were married and all the family members are living in one house and expenses will occurred nearly Rs.50,000/- per month. The J.Dr will get small amount after deducting the total expenses from his salary, he constructed new house in Kurnool in his name and the said construction was made by borrowing amount as house loan from SBI Bank, Gayathri Estate Branch, Kurnool. The housing loan installment amount of Rs.50,000/- was deducting from his salary. Hence he did not get meger amount to his hand after deducting all the expenses of his salary. Except his salary he have no other source of income. The J.Dr having property in his name but the D.Hr filed the present EP for attachment of his salary for harass the J.Dr without having any sufficient amount in his salary. The calculation made in the EP is not correct. Hence, this petition is liable to be dismissed with costs against the J.Dr.
4. During the enquiry, no evidence let in by both sides. Both the parties relied upon the salary certificate issued by the DDO of the J.Dr. to summing up of the petition.
5. Heard the arguments of the learned counsel for the D.Hr. and the arguments of J.Dr. in summing up of the petition. Both of them argued as per their pleadings. Perused the material on record.
6. Now the point for consideration is: Whether the J.Dr is having sufficient means and if so, is he neglecting to discharge the Execution Petition amount?
The execution petition filed by the petitioner against the J.Dr. The J.Dr filed his counter against the Decree passed by the Court, the J.Dr pleaded that the J.Dr and his wife are patients and suffering with diabetic and blood pressure using medicine regularly. The regular check-up and medical expenses will be Rs.20,000/- per month.
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All the children of J.Dr were married and all the family members are living in one house and expenses will occurred nearly Rs.50,000/- per month. The J.Dr constructed new house in Kurnool in his name and the said construction was made by borrowing amount as house loan from SBI Bank, Gayathri Estate Branch, Kurnool. The housing loan installment amount of Rs.50,000/- was deducting from his salary. Hence he did not get meger amount to his hand after deducting all the expenses of his salary. Except his salary he have no other source of income. The J.Dr having property in his name but the D.Hr filed the present EP for attachment of his salary for harass the J.Dr without having any sufficient amount in his salary. The calculation made in the EP is not correct.
8. It is an admission made by the J.Dr is salaried employee. The salary particulars of the J.Dr had been called for by the court and accordingly salary certificate of the J.Dr dated 21.04.2023 received by this court from his D.D.O. in receive No.278, dt. 24.04.2023, it discloses that the J.Dr is getting a total salary of Rs.1,19,510/- of which the deduction are Rs.12,580/- and the same discloses that the non govt. Deduction is Rs.9,000/-. Let us see, is there any amount left to attach from the salary of J.Dr as per Sec.60 of CPC in the petition on hand.
9. The total salary of J.Dr is Rs.1,19,510/- and Government deductions are of Rs.12,580/- are deducted from the salary in view of Sec.60 of C.P.C. Accordingly the salary of J.Dr is of Rs.1,06,930/-, and on deduction of Rs.1,000/- and the 1/3rd of the same is Rs.35,310/-, this is the amount stood for attachment out of the salary of J.Dr.
10. The total E.P. amount is of Rs.12,06,513/- and hence as per the available attachable amount of the J.Dr, the D.D.O. of the J.Dr can attach an amount of Rs.35,310/- which is available for attachment per month for a period of 24 months to realize the part of the E.P. amount in view of Sec.60 of CPC.
11. Accordingly, point is partly answered in favour of the D.Hr and against the J.Dr.
In the result, the E.P is partly allowed. The Salary Disbursing Officer (D.D.O) of the J.Dr is hereby directed to deduct a sum of Rs.35,310/- from the salary of J.Dr on
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every month and remit the same to the Court for 24 months/installments on payment of process towards the realization of part of E.P. amount.
Typed to my dictation by the Stenographer, corrected and pronounced by me in the open Court, on this the 17th day of October, 2023.
Sd/-.Shaik Baba Fakroddin, Principal Junior Civil Judge, Kurnool.
APPENDIX OF EVIDENCE Witnesses Examined
For D.Hr/Petitioner: For J.Dr/Respondent
Documents Marked:
For D.Hr/Petitioner: For J.Dr/Respondent
Sd/-.Shaik Baba Fakroddin, Principal Junior Civil Judge, Kurnool.