KARAM BABU RAO Vs. BADDI SRISAILAM

JUDGEMENT

(1.) The petitioner, who is the Judgment Debtor No.1, filed the present Civil Revision Petition under Article 227 of the Constitution of India, aggrieved by the order, dated 08.04.2021, passed in E.P.No.6 of 2017 in M.V.O.P.No.360 of 2012 on the file of the Motor Accidents Claims Tribunal-cum-V-Additional District Judge, Kothagudem, wherein the learned Judge ordered attachment of salary of the petitioner/Judgment Debtor No.1.

(2.) The facts, which led to filing of the present Civil Revision Petition, are as under:

(3.) The respondent/D.Hr filed M.V.O.P.No.360 of 2012 against the petitioner and the Insurance company for grant of compensation and a decree was passed on 12.03.2015 in favour of the respondent herein for a sum of Rs.5,07,370/- with interest thereon @ 7.5% per annum from the date of petition till the date of realisation with costs and the claim against the Insurance company was dismissed. Since the petitioner failed to pay the said amount, the respondent/decree holder filed E.P.No.3 of 2015, seeking issuance of order of arrest of the petitioner and to send him to civil prison, but the said E.P. was dismissed on 19.04.2017. Though the petitioner being a Government Servant working as Village Revenue Officer at Manuguru, and having sufficient means to pay the decretal amount, intentionally avoiding to pay the same. As such, the respondent herein filed E.P.No.6 of 2017, seeking attachment of the salary of the petitioner to the credit of the above E.P., till realisation of the decretal amount. After considering the material available on record, the Court below issued salary attachment warrant under Order 21, Rule 48 of C.P.C., vide order, dated 08.04.2021. Challenging the same, the present Civil Revision Petition is filed by the Judgment Debtor No.1.