BEJJANKI PEDDIRAJAM Vs. LAVANYA CHIT FUND PVT LIMITED

JUDGEMENT

(1.) Heard the learned counsel appearing for lthe petitioner and the learned counsel appearing for the respondent No.1./Decree holder.

(2.) This Civil Revision Petition is filed under Section 115 of C.P.C., against the order dated 22-11-2013 in E.P.No.154 of 2013 in O.S.No.1340 of 2003 on the file of the Principal Junior Civil Judge, Warangal.

(3.) The brief facts of the case are that a money decree was passed in favour of the decree holder and against the Judgment Debtors 1 to 5 for an amount of Rs.94,450/- (Rupees ninety four thousand, four hundred and fifty only). The decree was put to execution in the aforesaid E.P., by the decree holder. All the Judgment Debtors were made respondents in the said E.P. The Decree Holder opted for execution of the decree against Judgment Debtor No.2 by attachment of his salary. The Judgment Debtor No.2 resisted the execution by filing a counter stating that the decree holder is not supposed to seek execution against him only who is one of the guarantors, leaving the principal debtor who is Judgment Debtor No.1 and therefore, the Execution Petition is liable to be dismissed.