SHAIK MAHAMMAD RAFIUDDIN Vs. GUMMALA NARAYANA REDDY

JUDGEMENT

(1.) This C.R.P is filed by the petitioner/Judgment Debtor(J.Dr) aggrieved by the order dated 30.11.2016 in E.P.No.157 of 2015 in O.S.No.158 of 2011 passed by the learned Principal Junior Civil Judge, Proddatur, Kadapa District, ordering warrant of attachment of salary of the J.Dr for the realization of the E.P amount of Rs.70,360.00 while rejecting the contention of the J.Dr to the effect that as per agreement dated 28.08.2015, the Decree Holder (D.Hr) received Rs.30,000.00 from him in full satisfaction of the decreetal amount.

(2.) Heard arguments of Sri Nagaraju Naguru, learned counsel for petitioner and Sri V.R.Reddy Kovvuri, learned counsel for respondent.

(3.) Impugning the order of the execution Court, learned counsel for petitioner would vehemently argue that the decree holder received Rs.30,000.00 in full satisfaction of the decreetal amount vide Ex.B.1- agreement but he gave a go by to the said out of Court settlement and filed E.P and sought for attachment of the salary of the J.Dr and the trial Court without considering the fact that the J.Dr by cogent evidence i.e, by examining the scribe and attestor of Ex.B.1, who clearly deposed that under the said agreement D.Hr received Rs.30,000.00 in full satisfaction of the decreetal amount, erroneously negatived the contention of the J.Dr and issued warrant of attachment. He thus prayed to allow the CRP and dismiss the E.P in view of the settlement between the parties out of Court.