J.L. GURUSWAMY AND NEELAMMA Vs. K. REKHA

JUDGEMENT

(1.) THE short question that arises for consideration before this Court is: Whether the order passed under Order 21 Rule 48A of CPC by the Civil Judge (Jr. Dn.), Kollegal in execution petition No. 13/2007 dated 08.11.2011 is required to be set aside? Admittedly, the petitioners have suffered judgment debtor in O.S. No. 80/2005 which is filed by the respondent for recovering an amount of Rs. 2,00,000/ - borrowed by the petitioners, based on a promissory note with interest at 24% p.a., which suit came to be decreed. Thereafter, execution petition is filed by the respondent. Since the first petitioner has retired after attaining the age of superannuation, the decree holder sought for an attachment of the retirement benefits payable to the first petitioner. The said application came to be allowed. Aggrieved by the said order, the present petition is filed.

(2.) LEARNED Counsel for the petitioners relying on Section 60(g) of the CPC contends that the pensionary benefits cannot be attached and therefore, the order of the trial Court is illegal.