TM ^ IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^^^A •> TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE O T» O 27 A PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND THE HONOURABLE DR JUSTICE K MANMADHA RAO CIVIL REVISION PETITION NO: 2111 OF 2024 Petition under Section 115 of C.P.C., aggrieved by the orders dated 03.04.2024 in E.P. No.32 of 2022 in A.A. No.45 of 2020 on the file of the II Additional District Judge, Hindupur. Between: 1. K N Mahesh Kumar, S/o Late Nagendra, Aged 37 years, Occ Second Division Assistant, Id No.2440484, BEO Office, Madhugiri, Tumkur Dist. R/o Keslur Village, Kora Hobli, MadhugiriTaluq, Thumkur District Karnatka State. ^ K R Marularadhya, S/o Rudraiah Gouda, Aged 56 years, Occ Teacher ID.No.1132368, GLPS Junjuramahalli, Kortegere,Madhugiri, Tumkur Dist. R/o Keslur Village, Kora Hobli, MadhugiriTaluq, Thumkur District Karnatka State. ...Petitloners/J.DR No.2 & 3 AND 1. M/s. Shriram City Union Finance Limited, Hindupur represented by its Authorized Signatory, H Gangadhara, Upstairs Syndicate Bank, Beside .§ST petrol Bunk, Hindupur Town, Sri Sathya Sai District. ...Respondent/D.HR 2. R Hanumatharaju, S/o Late Ramaiah, Aged about 47 years, Occ: Business, Nithya Sree Fancy Store and Bricks, Doddahosahalli R/o D.No.249, Doddahoshalli Village, Puravara, MadhugiriTaluq, Thumku^ District, Karnataka State. 3. Venkata Lakshmamma, W/o R Hanumantharaju, Aged 41 years, Occ: House wife, R/o D.No.249, Doddahoshalli Village, Puravara, Madhugiri Taluq, Thumkur District, Karnataka State. ...Respondents/J.DR No.1 & 4 lA NO: 2 OF 2024 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 to stay all further proceedings E.P. No.32 of 2022 in AA. No.45 of 2020 on the file of the II Additional District Judge, Hindupur., pending disposal of the C.R.P.No. 2111 of 2024. Counsel for the Petitioners: Sri P Narahari Babu Counsel for the Respondents: Sri O Udaya Kumar The Court made the following order: X 1 / ^APHC010392422024 IN THE HIGH COURT OF ANDHRA AT AMARAVATI (Special Original Jurisdiction) DAY OF APRii TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE R THE HONOURABLE DR JUSTICE K CIVIL revision PETITION Mr>- 0|ii0 PRADESH 0f [3525] TUESDAY, THE TWENTY SECOND RAGHUNANDAN RAO MANMADHA RAO 2111/2024 Between: K N Mahesh Kumar, and Others ...PETITIONER(S) AND M/s Shriram City Union Finance Limited Counsel for the Petitioner(S): 1.P NARAHARI BABU Counsel for the Respondent(S): \0 UDAYA KUMAR The Court made the following order: This Civil Revision Petition is filed against the orders dated 03. E.P.No.32 of 2022 in A.A.No.45 of 2020 District Judge, Hindupur. and Others ■-RESPONDENT(S) 1. 04.2024 in on the file of the learned II Additional 2. Learned counsel for the petitioner submits had fifed A.A.No.45 of 2020 for that the respondent No.1 herein recovery of its dues under a Chits scheme. The respondent No.2 had participated in the said Chit and had become subscriber. Thereafter, the prize on account of default of payment of subsequent Chit 2 amounts, the respondent had initiated the aforesaid A.A.No.45 of 202(^for recovery. As the petitioners herein and respondent No.3 had also stood as guarantors for repayment of the amount, they have also been impleaded as respondents in the above proceedings. 3. The arbitrator passed an award on 11.11.2020 for a sum of Rs.8,88,831/- with interest at the rate of 18 percent per annum. The respondent No.1 had thereafter filed E.P.No.32 of 2022 before the learned II Additional District Judge, Hindupur, for recovery of aforesaid amounts. As a part of the execution proceedings, respondent No.1 sought attachment of salaries of the petitioners herein. The Executing Court, by an order dated 03.04.2024 had directed deduction of salaries of the petitioners to the extent of realisation of Rs.5.00 lakhs. On that basis, the salaries were being deducted to a tune of Rs.25,000/- \ each. 4. Aggrieved by the said order, the petitioners have approached this Court by \^y of the present Revision Petition. 5. Sri. Narahari Babu. P, learned counsel for the petitioners would contend that the respondent No.2, who is the primary debtor has sufficient means to discharge the liability arising out of the award and the respondent No.1 ought to take steps against respondent No.2. It is further contended that the respondent could not have initiated action against the petitioners, without taking action ®9gjnst the respondent No.2, who is the primary debtor. It is settled law that in such cases, the liability is both joint and several and '^''ould be open to the creditors to proceed against the primary debtor or any of 3 <he guarantors independently. In to interfere with the order passed by the Executing 7. Accordingly, the Civil Revision Petition is dismissed. No order Consequently, Miscellaneous Petitions, if stand closed. such circumstances, we do not find any reason Court. as to costs. any, pending in this case shall Sd/- KJ RAJABABU ASSISTANT REGISTRAR n //TRUE COPY// W' SECTfON'OFFICER To, 1. The II Additional District Judge, Hindupur, Ananthapur District. 2. The Section Officer, VR Section, High Court of Andhra Pradesh. 3. One CC to Sri P Narahari Babu Advocate [OPUC] 4. One CC to Sri O Udaya Kumar Advocate [OPUC] 5. Three CD Copies SAM GSC .9(3 A. HIGH COURT DATED:22/04/2025 ORDER CRP.No.2111 of 2024 DISMISSING THE CRP