O SREENIVASULU Vs. P SANTHI

JUDGEMENT

(1.) This revision is filed assailing the correctness of the order passed by the Senior Civil Judge, Kandukur in E.P.No.16 of 2005 in O.S.No.47 of 2004 dated 20.4.2006.

(2.) For due execution of the decree of maintenance obtained by the Decree Holder, wife of the petitioner herein, in O.S.No.47 of 2004, she filed E.P.No.16 of 2005 for recovery of the arrears of maintenance amount together with interest. The petitioner-Judgment Debtor raised an objection stating that the decree holder is not entitled to payment of interest in the absence of decree providing for such payment. The learned Senior Civil Judge by the impugned order held that the objection raised by the judgment debtor that the decree holder is not entitled to interest is not tenable and accordingly ordered to call for salary particulars of the judgment debtor and simultaneously attached the E.P. schedule property.

(3.) Being aggrieved by the aforesaid order, the decree holder filed the present revision petition contending that the decree holder is not entitled to interest as the decree does not contain a provision for the same and the executing court cannot go beyond the decree.