1 Dr.VRKS, J C.R.P.No.3798 of 2009 APHC010396652009 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3365] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CIVIL REVISION PETITION NO: 3798/2009 Between: M/s. Margadarsi Chit Fund Limited ...PETITIONER AND Mr B V Malleswarea Rap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P DURGA PRASAD Counsel for the Respondent(S): 1. The Court made the following: 2 Dr.VRKS, J C.R.P.No.3798 of 2009 ORDER: Today when the matter is coming up for hearing, Sri K. M. R. Bala Prasad, learned counsel representing on behalf of Sri P. Durga Prasad, learned counsel for the revision petitioner on record is present. 2. As one would notice, there are five (5) judgment debtors but the execution was levied only as against the J.Dr No.1 i.e., Mr. B. V. Malleswara Rao. As could seen from the record, notice was served on him long time back. But there is no representation on behalf. 3. Mrs. Margadarsi Chit Fund Limited, obtained a money decree dated 04.11.2008, in O.S.No.1737 of 2002. Since the fruits of the decree could not be realized in full measure, it had to resort to execution and in the process it filed E.P.No.568 of 2008 on the file of the III Additional Junior Civil Judge, Guntur, with a prayer under Order 21 Rule 52 of C.P.C., requesting the Court to attach the amounts lying in the Civil Courts deposits. 4. The following order in paragraph No.9 of the Executing Court makes the matter clear here under as follows: “9. On perusing the calculation made by the Decree Holder, it is clear that the Decree Holder is claiming interest on the amount which are lying in the civil courts deposits, which he is not entitled. Further, this Court find no reason for asking attachment of amount lying in the civil court deposit in the same suit by the Decree Holder. The Decree Holder by filing 3 Dr.VRKS, J C.R.P.No.3798 of 2009 a correct calculation memo and can file a cheque petition for the amount actually due to him.” 5. Learned counsel for the revision petitioner submits that he will verify and file a necessary memo with appropriate calculations before the Court below. 6. In the result, the Civil Revision Petition is disposed of, granting liberty to the revision petitioner to move the appropriate cheque petition annexed with appropriate calculations before the Executing Court. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. ________________________ Dr. V.R.K.KRUPA SAGAR, J Date.06.03.2025 CVD