LAWS(APH)-2009-2-20

GUDAPATI HANUMAIAH Vs. Y LAKSHMINARASAMMA

Decided On February 13, 2009
GUDAPATI HANUMAIAH Appellant
V/S
Y.LAKSHMINARASAMMA Respondents

JUDGEMENT

(1.) HEARD the counsel for the petitioner. Though notice is served on the respondents, there is no representation on their behalf.

(2.) AGGRIEVED by the order - dated 10. 10. 2007 passed by the court of principal Senior Civil Judge, Kothagudem in E. P. No. 165/2005 in O. S. No. 29/2003, in dismissing the execution petition, the decree-holder filed the present revision.

(3.) FROM the material available on record, it could be seen that the revision petitioner filed the suit in O. S. No. 29/2003 on the file of the Principal Senior civil Judge, Kothagudem for recovery of an amount of Rs. 1,29,300/- along with interest and costs against the respondents herein and the suit was decreed for an amount of Rs. 1,51,113/ -. The 1st respondent herein, is the mother of late venkateswarlu and the 2nd respondent is his wife, and respondents 3 and 4 are his daughters. Venkateswarlu worked as U. D. C. in K. T. P. S. Palancha and died on 4. 10. 2001. Therefore, the judgment-debtors, who are the legal heirs of late venkateswarlu, became entitled to his death-cum-retiral benefit. As the decretal amount was not paid, the decree-holder, earlier filed E. P. No. 105/2005 in O. S. No. 29/2003 under Order 21, Rule 46 of C. P. C. for attachment of the amounts, lying to the credit of late Venkateshwaralu and accordingly direction was given for withholding of the amount by the authorities.