APHC010131142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA Civil Revision Petition No: 735 of 2025 Between: 1. Munukuru Kavitha, W/o. Manohar Reddy, Aged about 53 years, Occ- Business, R/o Piduru Village, Manubolu Mandal, SPSR Nellore District. ...Petitioner and 1. Kalakanjeri Nagamani alias K.N. Nagamanai, W/o Nagaraju, aged about 61 years, R/o Kodandaramapuram, Manubolu Villlage and Mandal, SPSR Nellore District. ...Respondent Counsel for the Petitioner: Harinath Reddy Soma Counsel for the Respondent CH Naga Mehar Baba 2 VS,J C.R.P.No.735 of 2025 The Court made the following ORDER: The Civil Revision Petition is filed under Section 115 of C.P.C. against the order dated 06.02.2025 in Memo in C.F.No.153, dated 30.01.2025 filed in E.A.No.306 of 2024 in E.P.No.57 of 2022 in O.S.No.10 of 2020 passed by the Civil Judge (Senior Division), Gudur, partly allowing the memo filed by the revision petitioner for a sum of Rs.2,51,059/-. 2. The revision petitioner herein is the decree holder in O.S.No.10 of 2020 on the file of the Court of the Civil Judge (Senior Division), Gudur. She filed the suit O.S.No.10 of 2020 against the respondent/judgment debtor for recovery of an amount of Rs.25,58,501/- due under the promissory note and the said suit was referred to the Lok Adalat, Gudur and the same was settled and an award was passed on 07.05.2022 before Lok Adalath. As the respondent/judgment debtor failed to pay the amount in terms of the decree, the revision petitioner/decree holder filed E.P.No.57 of 2022 for realisation of the decreetal amount by way of issuance of warrant to the Branch Manager, Mutukuru Branch No.2, SPSR Nellore District/Garnishee of the respondent/judgment debtor’s balance amount after realisation of the bank amount in a public auction conducted on 20.10.2022, which are lying in the said bank, who is a custodian officer of the judgment debtor’s remaining amount. Accordingly, 3 VS,J C.R.P.No.735 of 2025 a notice was issued to the Garnishee for withholding the decreetal amount and in pursuance thereof, the bank authorities has deposited the amount of Rs.29,37,340/- into the Civil Court Deposits by way of demand draft and now the said amount is lying in Civil Court Deposits. The revision petitioner/decree holder filed E.A.No.306 of 2024 seeking to send the amount i.e., Rs.29,37,340/- through CFMS and to credit the same into her Savings Bank Account No.31600027362 with IFSC No.SBIN0006112 of the State Bank of India, Manubolu Branch, Manubolu village, SPSR Nellore District, enabling her to withdraw the said amount towards part discharge of E.P. amount. The said petition was allowed on 11.03.2024 and ordered issuance of a cheque through Public Deposits Disbursement Bill through CFMS, for Rs.29,37,340/- for crediting the same in the account of the revision petitioner/decree holder. However, the said amount has not been remitted till now. 3. While so, one Panabaka Ramesh, claiming to be decree holder in O.S.No.222 of 2022 filed E.A.No.142 of 2023 in E.P.No.57 of 2022 in O.S.No.10 of 2020, against the respondent/judgment debtor herein, under Section 73 (c) of the Code of Civil Procedure, seeking to declare him as rateable decree holder and discharge the amount of Rs.20,65,472/- due to him under E.P.No.60 of 2022 in O.S.No.222 of 2022 pending on the file of Principal Junior Civil Judge’s Court, Gudur. He stated that after passing the decree in O.S.No.222 of 2022, he filed 4 VS,J C.R.P.No.735 of 2025 Execution Petition against the respondent/judgment debtor herein for realisation of the decreetal amount by issuance a Garnishee order to the Branch Manager, Union Bank of India, Muthukuru Branch-II, SPSR Nellore District for attachment of Rs.22,00,000/-, out of Rs.68,45,000/- in the name of the respondent/judgment debtor herein. Whereas the bank authorities sent a letter dated 27.02.2023 addressing to the Court of Principal Junior Civil Judge’s Court, Gudur, stating that they sent an amount of Rs.29,37,340/- through D.D.No.49381070 after deducting the loan amount due to them, which are available in the bank in E.P.No.57 of 2022 in O.S.No.10 of 2020 and that there is no pending amount with them to withhold or to transfer to its court and the said amount of Rs.29,37,340/- was now available in the Senior Civil Judge’s Court, Gudur. While things stood thus, Panabaka Ramesh filed I.A.No.630 of 2024 in O.S.No.222 of 2022 under Order XXXVIII Rule 5 CPC seeking attachment before judgment of the schedule amount of Rs.19,85,000/- of the respondent/judgment debtor herein and communicate the same to the Court of Senior Civil Judge’s Court, Gudur of the amount laying in CCD account in the name of the respondent/ judgment debtor herein and the same was ordered to avoid further transactions in that regard and accordingly, an attachment order was issued to the Court of Senior Civil Judge’s Court, Gudur, requesting to withhold the schedule amount of Rs.19,85,000/- lying in CCD in E.P.No.57 of 2022 in O.S.No.10 of 2020. 5 VS,J C.R.P.No.735 of 2025 4. The main grievance of the said Panabaka Ramesh for filing E.A.No.142 of 2023 in E.P.No.57 of 2022 in O.S.No.10 of 2020 is that the Principal Junior Civil Judge’s Court, Gudur has already attached an amount of Rs.29,37,340/- from the bank to realize the decree in O.S.No.10 of 2020 in E.P.No.57 of 2022 before judgment invoking the provisions of Order XXXVIII Rule 5 CPC and that except the said amount judgment debtor has no other amount of cash or any other properties. However, the said E.A.No.142 of 2023 was dismissed by the Executing Court, holding that such an application is not maintainable on the ground that the Senior Civil Judge’s Court, Gudur has no jurisdiction to entertain such an application in ordering rateable decree in E.P.No.60 of 2022, which is pending before the Principal Junior Civil Judge’s Court, Gudur, and the same was not filed even before passing a decree and that the petitioner is not supposed to expect that such an order can be passed when the petitions are pending before the file of the Principal Junior Civil Judge’s Court, Gudur. The Executing Court further held that the question of rateable distribution of decreetal amount or any amount of judgment debtor cannot arise after passing of decree and it should be done by the same court which passes the decree. Aggrieved by the said order, the said Panabaka Ramesh filed C.R.P.No.143 of 2024 before this Court and the said C.R.P. is dismissed as infructuous vide its order dated 04.01.2026. 6 VS,J C.R.P.No.735 of 2025 5. In the instant Revision Petition, the revision petitioner/decree holder filed a memo along with her affidavit seeking to remit the amount in E.A.No.306 of 2024. Along with the memo, the revision petitioner/decree holder filed her affidavit wherein it is stated that E.A.No.306 of 2024 was filed for remitting the decreetal amount of Rs.29,37,340/- and the said E.A. was allowed on 11.03.2024, but the said amount was not remitted due to the representation made by one Panabaka Ramesh to the District Judge, Nellore. She further stated that in view of suppression of material facts by the said Panabaka Ramesh, the ex parte decree in the suit O.S.No.222 of 2022 was set aside on 10.05.2024 and restored to file. The revision petitioner gave an undertaking to receive any punishment from the Court, if the facts stated by her are not true. 6. After perusing the contents of the memo and the affidavit, considering the circumstances of the case, the Executing Court partly allowed the memo, holding that since it received two attachment orders in E.P.No.149 of 2024 in O.S.No.254 of 2022 for a sum of Rs.7,01,281/- and in I.A.No.630 of 2024 in O.S.No.222 of 2022 for a sum of Rs.19,85,000/-, totaling to a sum of Rs.26,86,281/-, an amount of Rs.26,86,281/- was withhold from out of balance sale consideration available in E.P.No.57 of 2022 in O.S.No.10 of 2020, and accordingly, after withholding the said amount, the Executing Court partly allowed the memo for a sum of Rs.2,51,059/-, and directed to give third party security 7 VS,J C.R.P.No.735 of 2025 for the said amount. Assailing the said order, the present Civil Revision Petition came to be filed. 7. Heard the learned counsel for the revision petitioner and the learned counsel for the respondent. 8. Learned counsel for the revision petitioner submits that the Executing Court grossly erred in passing orders in C.F.No.153 of 2025 in E.A.No.306 of 2024 as it is beyond its jurisdiction and contrary to the orders passed dated 11.03.2024 in E.A.No.306 of 2024. He further submits that passing of the impugned order in the Memo is contrary to the provisions of Order XX Rule 3 CPC when once the orders are signed on 11.03.2024. 9. On perusal of the material on record, this court found that E.A.No.306 of 2024 in E.A.No.57 of 2022 in O.S.No.10 of 2020 was filed for remitting the amount of Rs.29,37,346/- through CFMS to State Bank of India, Manubolu Branch, Manubolu village, SPSR Nellore District to credit the said amount in petitioner’s S.B. Account No.31600027362 with IFSC SBIN0006112 to enable her to withdraw the same. Accordingly, the said petition was allowed on 11.03.2024 ordering issuance of cheque through Public Deposits Disbursement for remitting the said amount. In fact, the said amount was not remitted into the petitioner’s account due to the representation made by one Panabaka Ramesh to the District Judge, 8 VS,J C.R.P.No.735 of 2025 Nellore. In the meantime, the Executing Court received two attachment orders, one in I.A.No.630 of 2024 in O.S.No.222 of 2022 on the file of Principal Civil Judge (Junior Division) Gudur, by way of attachment before judgment of the schedule mentioned amount of Rs.19,85,000/- of the respondent/judgment debtor; and another in E.P.No.149 of 2024 in O.S.No.254 of 2022 for attachment of the amount to the extent of E.P. amount of Rs.7,01,281/- from out of the balance sale consideration available in E.P.No.57 of 2022 in O.S.No.10 of 2020 on the file of the present Executing Court and basing on the said two attachment orders, the Executing Court withheld the amount of Rs.26,86,281/- and directed to give third party security for the remaining amount of Rs.2,51,059/-. 10. A careful scrutiny of the two attachment orders under which the amounts are withheld, would show that the attachment was ordered before judgment in I.A.No.630 of 2024 in O.S.No.222 of 2022 by the Principal Civil Judge (Junior Division) Gudur on 03.12.2024 and another attachment order was made in execution of decree in E.P.No.149 of 2024 in O.S.No.254 of 2022 by the Principal Junior Civil Judge, Gudur, on 23.10.2024, whereas the E.A.No.306 of 2024 filed for remitting the decreetal amount was ordered on 11.03.2024, but no amount was remitted into the revision petitioner’s account. The approach of the Executing Court in withholding the amounts under the said two attachment orders itself is not justifiable and is totally contrary to the 9 VS,J C.R.P.No.735 of 2025 provisions of Order XX Rule 3 CPC, where once the judgment or order once signed and pronounced shall not afterwards be altered or added. Further, the present Executing Court-cum-Civil Judge (Senior Division), Gudur is higher grade Court than the Principal Civil Judge (Junior Division) Gudur, which has issued the said two attachment orders for withholding the amounts lying in the Civil Court Deposits of the Civil Judge (Senior Division) Gudur. In fact, the Civil Judge (Senior Division) Gudur has appellate jurisdiction over the Civil Judge (Junior Division) Gudur. 11. Having regard to the facts and circumstances of the case, and in view of the observations stated supra, this court is of the considered view that withholding of the amount under the said two attachments itself is illegal, erroneous, not justifiable and is contrary to law and accordingly, the order under impugned is liable to be set aside. 12. Accordingly, the Civil Revision Petition is allowed and the order dated 06.02.2025 in Memo in C.F.No.153 in E.A.No.306 of 2024 in E.P.No.57 of 2022 in O.S.No.10 of 2020 is hereby set aside and the Executing Court shall remit the amount lying in the Civil Court Deposits of the Executing Court in E.P.No.57 of 2022 in O.S.No.10 of 2020, as per the orders in E.A.No.306 of 2024 dated 11.03.2024, as expeditiously as possible. 10 VS,J C.R.P.No.735 of 2025 As a sequel thereto, miscellaneous petitions, if any, shall stand closed. _____________ V.SUJATHA, J Date: 08.01.2026 NSM/Ksn 11 VS,J C.R.P.No.735 of 2025 321 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 735 of 2025 Dt.08.01.2026 NSM/Ksn