MOORAM REDDY SHANKER REDDY Vs. ANNALURU RAMACHANDRA RAO

JUDGEMENT

(1.) BOTH Civil Revision Petitions arise out of the order passed in E.P.No.21 of 2002 in O.S No.115 of 2001 on the file of the court of Junior Civil Judge, Atmakoor.

(2.) THE suit O.S.No.115 of 2001 was filed for recovery of the amount due on a pronote and the suit was decreed on 29-01-2002 and the defendant remained ex parte. THEreafter, the E.P was filed for attachment of the salary and at that stage the Judgment Debtor (JDR) has filed an objection claiming that he paid a sum of Rs.5,000/- on 12-08-2000, Rs.7,000/- on 20-11-2000 and Rs.8,000/- on 08-04-2001, thus a total sum of Rs.0,000/- towards suit debt and the suit was fraudulently filed and the JDR did not attend the court expecting that the amounts would be given credit. After attachment, he came to know the above fact and sought for deduction of the said amount. While the matter is pending, E.A.No.98 of 2003 was filed for receipt of the documents which are receipts said to have been given by the Decree Holder (DHR) and the documents were received and an enquiry was conducted and the learned Junior Civil Judge ordered that the payments made under the receipts (Exs.R-1 and R-2) shall be given credit and the DHR will be entitled to only the balance of the amount. Aggrieved by the said order in E.A.No.98 of 2003 CRP No.106 of 2007 is filed and against the order in E.P.21 of 2002, CRP 1281 of 2007 is filed.

(3.) ACCORDINGLY, CRP 1281 of 2007 is allowed and CRP No.106 of 2007 is dismissed. No order as to costs.