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2025 DAILYLAW 24965 (AP)

THANGELLA DAMU v. NEELI SUBRAMANYAM

CRP/1795/2025 · 2025-08-28

B Krishna Mohan

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

MT'^ APHC010352842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY,THE TWENTY NINETH DAY OF AUGUS TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 1795 OF 2025 Petition under Section 115 of CPC to aggrieved by the Order dt.28-04- 2025 in E.P.No.57 of 2024 in O.S.No.85 of 2024 on the file of Principal Civil Judge(Junior Division), Puttur, Chittoor District. BETWEEN:- Thangella Damu, S/o. T.Lakshmaiah, Aged about 53 years, Occ: School Assistant, R/o D.No.8/83, NTR Colony, Puttur Town, Tirupati District. ...Revision Petitioners/Judgment Debtor AND Neeli Subramanyam, S/o. N.Subbaiah, Aged about 54 years, R/o Narayanavanam Town, 1. D.No. 1-181, DiguvaPadmasali Street, Narayanavanammandal, Tirupati District. ...RESPONDENT/DECREE HOLDER 2. The Head Master, Z.P. High School, Dasukuppam Village and post, SathyaveduMandal, Tirupati District. (Garnishee) ...RESPONDENTS lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased 4 may be please to grant stay of ail further proceedings in pursuant to the order dated 28.04.2025 in E.P.No.57 of 2024 in O.S.No.85 of 2024 on the file of Principal Civil Judge(Junior Division), Puttur, Chittoor District. Counsel for the Petitioner:- SRI. SAI AKASH N Counsel for the Respondent No.1:- SRI SINGARAJU WIAHASWETHA VARMA The Court made the following Order: APHC010352842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] .•h; FRIDAY, THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN CIVIL REVISION PETITION NO: 1795/2025 Between: 1 .THANGELLA DAMU, S/0 T.LAKSHMAIAH, AGED ABOUT 53 YEARS, OCC SCHOOL ASSISTANT, R/0 D.NO.8/83, NTR COLONY, PUTTUR TOWN, TIRUPATI DISTRICT ...PETITIONER AND 1.NEELI SUBRAMANYAM, S/0 N.SUBBAIAH YEARS NARAYANAVANAM TOWN, NARAYANAVANAMMAN DAL, TIRUPATI DISTRICT AGED ABOUT 54 R/0 D.NO.1-181, DIGUVAPADMASALI STREET, 2.THE HEAD MASTER, Z.P.HIGH SCHOOL, DASUKUPPAM VILLAGE SATHYAVEDUMANDAL, AND POST, TIRUPATIDISTRICT(GARNISHEE) ...RESPONDENT(S): Petition under Article 227 of the Constitution of India,praying that in the circumstances stated in the grounds filed herein,the High Court may be pleased toetitioners beg to present this Memorandum of Civil Revision Petition aggrieved by the Order dt.28-04-2025 in E.P.No.57 of 2024 in O.S.No.85 of 2024on the file of Principal Civil Judge(Junior Division), Puttur lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be please to grant stay of all further proceedings in pursuant to the order 2 BKM,J C.R.P.No.1795 of 2025 dated 28.04.2025 in E.P.No.57 of 2024 in O.S.No.85 of 2024 on the file of Principal Civil Judge(Junior Division), Puttur, Chittoor District pending disposal of the main C.R.P. and pass such Counsel for the Petitioner: 1.SAI AKASH N Counsel for the Respondent(S); 1.SINGARAJU MAHASWETHAVARMA 3 BKM,J C.R.P.No.1795 of 2025 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. This revision is filed against the order in E.P.No.57 of 2024 in O.S.No.85 of 2024 on the file of Principal Civil Judge, (Junior Division), Puttur, dated 28.04.2025. St The revision petitioner is the judgment debtor, the 1 respondent is the decree holder and the 2'''^ respondent is the garnishee. 3. By virtue of the orders passed in E.P.No.57 of 2024 by the 4. executing Court, the said E.P. was allowed for a sum of Rs.3,80,503/- and sum of Rs.35,000/- per month was attached for 10 months from the salary of the judgment debtor and Rs.30,503/-was fixed for the 11'*^ month. Accordingly, the garnishee was directed to send the attached amount by way of demand draft to the executing Court on or before 10‘'^of every succeeding month for 11 months by way of installments, commencing from the month of July, 2025, payable in the month of August, 2025 without fail. 5. Pursuant to the orders passed by this Court dated 14.08.2025, the learned counsel for the petitioner came up with the proposal to satisfy the payment of the above said E.P. amount by 4 BKM,J C.R.P.No.1795 of 2025 depositing some amount initially and the balance amount to be paid in installments, monthly-wise, for which, the learned counsel appearing for the respondent/decree holder also agreed. The learned counsel for the 1®^ respondent submits that as the petitioner was transferred from the 2"^^ respondent school, he is not continuing as the Garnishee and he cannot deduct the salary. 6. In view of the same, the 2"*^ respondent is dislodged to act as 7. the garnishee. 8. In view of the above said facts and circumstances, as the judgment debtor is working as a Teacher and as the learned counsel for the petitioner expressed difficulty to comply with the orders passed by the executing Court, attaching @ Rs.35,000/- per month sought for modification of the same, to clear the total amount of Rs.3,80,503/- during the course of time in installments. Upon consideration of the matter, with a serious thought, this Court modifies the order of the executing Court dated 28.04.2025 as under; The petitioner shall clear off the total amount of Rs.3,80,503/- by initially depositing Rs.50,000/- within a period of two (2) weeks from the date of receipt of this order and the balance amount shall be cleared by paying monthly 5 BKM,J C.R.P.No.1795of2025 installments of Rs.20,000/- per month, commencing from 01.09.2025 till the total due is cleared and as per the arrangement made by the executing Court with respect to the deposit of the installments.” 9. Accordingly, the Civil Revision Petition is disposed of. In default of payment, as per the above directions, it is open for the 1 respondent/decree holder to take appropriate steps in accordance with law. The letter of the 2"*^ respondent dated 20.08.2025 shall be St made as part of the Court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall Stand closed. Sd/- G HELA NAIDU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To 1. The Principal Civil Judge(Junior Division), Puttur, Chittoor District. 2. One CC to Sri. Sai Akash N, Advocate [OPUC] 3. One CC to Sri. Singaraju Mahaswetha Varma, Advocate [OPUC] 4. Two C.D Copies. Ssl vna HIGH COURT DATED:29/08/2025 ORDER CRP NO. 1795 OF 2025 DISPOSING OF THE CIVIL REVISION PETITION WITHOUT COSTS