MARAM REDDY Vs. VANGALA BALI REDDY

JUDGEMENT

(1.) THE petitioner filed O.S.No.113 of 2003 in the Court of Junior Civil Judge, Jammalamadugu, against the respondent, for recovery of a sum of Rs.80,000.00, on the strength of a promissory note. The suit was decreed and the decree became final. Since the respondent did not comply with the decree, the petitioner filed E.P.No.147 of 2005.

(2.) THE respondent filed O.S.No.206 of 2002 in the same Court against one Smt.Bavamma for recovery of certain amount. Bhavamma died and her daughter - Laxmi Devi was brought on record as legal representative. Laxmi Devi and the respondent herein entered into a compromise, wherein a sum of Rs.29,500.00 was to be paid to the respondent from out of the retirement benefits of Bhavamma. A memo was filed on 09.11.2004 to that effect, and Rs.29,500.00 was deposited to the credit of O.S.No.206 of 2002. In E.P.No.147 of 2005, the petitioner got an order of attachment of the amount of Rs.29,500.00 vide order, dated 31.12.2005.

(3.) HEARD learned counsel for the petitioner. Though the respondent is served with notice, he has not entered appearance. This case presents a peculiar situation. As observed earlier, the petitioner filed O.S.No.113 of 2003 against the respondent herein for recovery of about Rs.80,000.00. One year before that, the respondent filed O.S.No.206 of 2002 against Bhavamma, for recovery of some amount. While O.S.No.113 of 2003 was decreed and the decree therein became final, O.S.No.206 of 2002 was undergoing several stages. The sole defendant therein died and her daughter, by name, Laxmi Devi came on record. At one stage, Laxmi Devi and the respondent entered into compromise and a memo was filed into the Court. In terms of the compromise, a sum of Rs.29,500.00 was deposited to the credit of the suit. The petitioner filed E.P.No.147 of 2005 for enforcing the decree in O.S.No.113 of 2003. Since a sum of Rs.29,500.00 was lying to the credit of O.S.No.206 of 2002 filed by the respondent, he got that amount attached by filing a petition.