N APALANARASAMMA Vs. N APPA RAO

JUDGEMENT

(1.) This revision is filed by the decree-holders in EP No.373 of 1992 in OS No.90 of 1986 on the file of the 1st Additional Subordinate Judge, Visakhapatnam, questioning the impugned orders dated 4-2-1993 passed in EA No.1479 of 1992 in so far as they relate to the quantum of the amount for which execution was ordered.

(2.) The revision-petitioners, who are the plaintiffs in OS No.90 of 1986, filed the said suit for partition and separate possession of their share in the suit property against the respondents herein, and preliminary decree with costs was passed on 15-9-1992. The said preliminary decree had become final as it was not questioned by the defendants/ respondents. Subsequently, the plaintiffs, who are the decree-holders, filed EP No.373 of 1992 for recovery of the suit costs awarded to them under the preliminary decree by seeking attachment and sale of the moveable property belonging to the defendants. The warrant of attachment was returned unexecuted on account of some obstruction caused by the judgment-debtors. Thereupon the decree-holders filed EA No. 1479 of 1992 for re-issue of the warrant of attachment to the Amin. At that stage, the defendants' judgment-debtors appeared in Court and filed their counter opposing the application on various grounds including the ground that the advocate fee awarded under the decree is more than what is permitted under A.P. Advocate Fee Rules, 1990 and that the attachment cannot be ordered for realisation of such excessive amount shown in the decree.

(3.) The learned Subordinate Judge rejected the contentions of the respondents on other grounds but upheld their contention regarding the quantum of advocate-fee awarded in the decree and directed re-issue of warrant of attachment only for an amount of Rs.13,711.00 which according to him is the proper advocate-fee, and not for the amount of Rs.36,266.00 which was shown in the decree towards advocate fee.