ANNAPRAGADA VENKATA LAKSHMI RAMANAMMA Vs. ANNAPRAGADA SITARAMANJANEYA SARMA

JUDGEMENT

(1.) In this revision the order passed by the Additional Subordinate Judge (in full additional charge of the Principal Sudordinate Judge), Karasaraopet in E. A. No, 67/76 in E. P. No. 179/75 in O. S. No. 130/70 is impugned.

(2.) The above mentioned E. A. was filed by the decree-holder in O. S. No. 130/70 with the prayer that the Court should not permit the respondent-judgment-debtor to withdraw the surplus sale-proceeds deposited by the auction-purchaser to the credit of E. P. No. 179/75 in O. S. 130/70.

(3.) The petitioner-decree-holder is the wife of the respondent-judgment-debtor. She obtained a decree for maintenance-past as well as future- in O.S. No. 130/70 on the file of the Sub Court, Narasaraopet against her husband, the respondent. In the said decree, a charge was also created against certain items of property belonging to the respondent-judgment-debtor. In the execution of the said decree, the petitioner brought one of the charged items of property to sale, in the auction held by the Court. The sale was also confirmed. After the payment of the maintenance amount mentioned in the Execution Petition, a sum of Rs. 4.079/- representing the surplus sale proceeds is lying in Court deposit. The petitioner filed the above mentioned E.A. requesting the Court to keep the said amount in court deposit so as to enable her to recover her maintenance amount that is going to become due in future and also not to permit the respondent-judgement-debtor to withdraw the surplus sale proceeds lying in court deposit.