P RAVINDER Vs. MANOHAR REDDY

JUDGEMENT

(1.) The petitioner was the Managing Director of a Company, by name, M/s. Ekashila Builders Private Limited, Nizamabad (for short 'the Company'). That company raised loan of Rs. 1,50,000/- from the respondent, and the same was secured by mortgage of a flat, at Pragathinagar, Nizamabad. Alleging that the company did not pay the amount, the respondent filed OS No. 115 of 1999 in the Court of Senior Civil Judge, Nizamabad, for a mortgage decree. The trial Court passed a preliminary decree or, 10.3.2000. This was followed by a final decree on 13.12.2000, paving the way for sale of the mortgaged property.

(2.) The respondent filed EP No.6 of 2003 against the petitioner, individually. Through its order dated 3.2.2000, the Executing Court attached a portion of the salary of the petitioner, to the extent of Rs.3,000/- per month. Three years thereafter, the petitioner filed EA No.52 of 2006, with a prayer to raise the attachment of his salary. The EA was opposed by the respondent. The same was dismissed by the Executing Court, on 17.12.2007. Hence, this revision.

(3.) Sri K. Venn Madhav, learned Counsel for the petitioner, submits that once the respondent had obtained a final decree in the mortgage suit, it was totally impermissible for him to file execution petition. He places reliance upon the judgment of the Supreme Court in Union Bank of India v. Manku Narayana, AIR 1987 SC 1078. He further submits that the Executing Court ought not to have entertained the E.P. against an individual, when the decree was against a company.