SAKE GURUMURTHY Vs. DUGGASANI KULLAI REDDY

JUDGEMENT

(1.) This Civil Revision Petition is filed against Order, dated 30-11-2010, in EA. No. 217 of 2010 in EP. No. 81 of 2010 in OS. No. 284 of 2002, on the file of the Court of the learned Junior Civil Judge, Pulivendula, Kadapa District. The petitioner is the wife of the judgment debtor, who died during pendency of the Execution Proceedings referred to above. The deceased judgment debtor was a teacher in the Government school and was, hence, a Government Employee. After his death, the petitioner herein was impleaded as the respondent in EP. No. 81 of 2010. Pending the EP, respondent No. 1/decree holder filed EA. No. 217 of 2010 for attachment of the EP amount of Rs. 1,34,000/-from out of Rs. 5 lakhs receivable by the petitioner towards the gratuity, arrears of salary and leave encashment pertaining to her husband. The said application was allowed by the lower Court by the impugned Order. Feeling aggrieved by the same, the present Civil Revision Petition is filed by the petitioner.

(2.) I have heard Sri. K. Karibasaiah, learned Counsel for the petitioner, and Sri. N. Parameswara Reddy, learned Counsel for respondent No. 1.

(3.) The learned Counsel for the petitioner submitted that the impugned Order passed by the lower Court is contrary to the provisions of Section 60 (g) of the Code of Civil Procedure, 1908, whereunder gratuity is exempted from attachment.