APHC010173832025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 1060/2025 Between: 1. CHILLARA SRINIVASA RAO, S/O. CH.SAMBAIAH, AGED ABOUT 53 YEARS, OCC HEAD CONSTABLE - AR, DISTRICT POLICE OFFICE, GUNTUR, R/O.D.NO.31-13-1132/97, 10/3, ARUNDELPET, GUNTUR - 522 002 ...PETITIONER AND 1. M/S AUDIRAM CHIT FUNDS PVT LTD, GUNTUR, REP. BY ITS LEGAL OFFICER - MR. B.VISWANADHAM, S/O.B. RAMANNA, AGED ABOUT 42 YEARS, R/O. SIVALAYAM STREET, OLD GUNTUR, GUNTUR DIST. 2. TIRUMALASETTY ANURADHA, , W/O. T.KUMARA SWAMY, AGED ABOUT 49 YEARS, OCC PROPRIETOR, NEW AYYAPPA VASAVI TOURS AND TRAVELS, BEHIND MASTAN DARGA, NAGARAPALEM, GUNTUR, R/O. D.NO.28-39-113/7, SIRAJ RESIDENCY, 4TH LANE, A.T.AGRAHARAM, BESIDE CENTRAL SCHOOL, GUNTUR-522 004, GUNTUR DIST. 3. TIRUMALASETTY KUMARA SWAMY, , S/O. T.GOPAIAH, AGED ABOUT 52 YEARS, OCC HEAD CONSTABLE -AR DISTRICT POLICE OFFICE, R/O. D.NO.28-39-113/7, SIRAJ RESIDENCY, 4TH LANE, A.T.AGRAHARAM, BESIDE CENTRAL SCHOOL, GUNTUR-522 004, GUNTUR DIST 4. RATHAMSETTI PERAIAH, , S/O. SUBBA RAO, AGED ABOUT 47 YEARS, OCC HEAD CONSTABLE -AR DISTRICT POLICE OFFICE, 2 R/O. D.NO.25-25-10, NETHAJI NAGAR, 3RD LANE, LALPURAM ROAD, GUNTUR CITY. 5. ALLA AJAY BABU, S/O. VENKATESWARLU, AGED ABOUT 47 YEARS, OCC HEAD CONSTABLE -AR DISTRICT POLICE OFFICE, R/O. D.NO.13-25, 6TH LANE, A.R. AGARAHARAM, GUNTUR - 522004. 6. BONDE VENKATA MURALI KIRSHNA RAO, S/O. LATE. DEVI PRASADA RAO, AGED ABOUT 52 YEARS, OCC HEAD CONSTABLE -AR DISTRICT POLICE OFFICE, R/O.D.NO.2-3-22, 15TH LANE, STAMBHALAGARUVU, GUNTUR-522006. 7. THE SUPERINTENDENT OF POLICE, GUNTUR, SP OFFICE, GUNTUR, GUNTUR DISTRICT. ...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 tomay be pleased to allow the Civil Revision Petition by setting-aside the attachment order dt.21.10.2024 passed in E.P.No.305 of 2024 on the file of the Honble III Addl. Civil Judge (Junior Division), Guntur and pass such IA 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 pleased to suspend the operation of attachment order dt.21.10.2024 passed in E.P.No.305 of 2024 on the file of the Hon’ble III Addl. Civil Judge (Junior Division), Guntur and consequently direct the 7th respondent- garnishee not to deduct the amount of 27,070/- per month from the salary of the revision petitioner in the interest of justice and pass such IA NO: 2 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 pleased to suspend the operation of attachment order dt.21.10.2024 passed in E.P.No.305 of 2024 on the file of the Hon’ble III Addl. Civil Judge (Junior Division), Guntur and consequently direct the 7th respondent- garnishee not to deduct the amount of 27,070/- per month from the salary of the revision petitioner in the interest of justice and pass such 3 Counsel for the Petitioner: 1. KARANKI YASWANTH Counsel for the Respondent(S): 1. Dr SAYYED BABU SHAIK The Court made the following: 4 ORDER: The petitioner/judgment debtor No.4 filed the present Civil Revision Petition aggrieved by the orders dated 21.10.2024 passed in E.P.No.305 of 2024 on the file of learned III Additional Civil Judge (Junior Division), Guntur. 2. Initially, the first respondent herein filed Dispute No.3 of 2023 on the file of the Deputy Registrar of Chits, Guntur District, as against the petitioner herein and respondents No.2 to 6 for recovery of chit amount of Rs.7,09,600/-. The first respondent succeeded in obtaining an ex-parte order as against the judgment debtors. In the said award, the Deputy Registrar of Chits declared that the first respondent is entitled to recover an amount of Rs. 9,61,361/- with entire costs and interest at the rate of 18% per annum on the principle amount of Rs.7,09,600/- from the date of filing of the dispute i.e., 27.02.2023 till the date of award and thereafter at the rate of 12% per annum from the date of award till realization. 3. After obtaining the said ex-parte order, the 1st respondent herein/decree holder straight away filed E.P. before the Additional Junior Civil Judge, Guntur for execution of the Award dated 20.01.2024 passed by the Deputy Registrar of Chits, Guntur in Dispute No. 3 of 2023 by way of attachment of salaries of judgment debtors No.2 to 6. The Court below allowed the said E.P.No.305 of 2024 filed by the 1st respondent/decree holder, vide order dated 21.10.2024. Challenging which the present Civil Revision Petition is filed contending that the E.P. was not maintainable as it was straight away filed without obtaining 5 any certificate from the Registrar or Deputy Registrar as required under Section 71 and Rule 55 of Chit Funds Act. 4. When the matter came up for admission on 25.04.2025, this Court passed an interim order, suspending the operation of attachment order dated 21.10.2024 passed in E.P.No.305 of 2024 on the file of Hon’ble III Additional Civil Judge (Junior Division), Guntur and consequently directing the 7th respondent-garnishee not to deduct the amount of Rs.27,070/- per month from the salary of the revision petitioner. 5. Heard Mr. Karanki Yaswanth, learned counsel for the petitioner and Dr. Sayyed Babu Shaik, learned counsel representing for respondent No.1. 6. Learned counsel for the petitioner reiterating the sole ground raised, contended that the order passed by the Court below cannot be sustained as the 1st respondent has straightaway filed the E.P. before the Court below without obtaining any certificate from the Registrar of Chits as required under Section 71 of the Chit Funds Act and 55 of A.P. Chit Funds Rules, 2008, and therefore the same is not maintainable. 7. However, when the matter came up for hearing learned counsel representing the 1st respondent has furnished a copy of Recovery Certificate issued by the Deputy Registrar of Chits, Guntur on 21.03.2024, and contended that the same was filed before the Court below and considering the same, the Court below has passed the attachment order on 21.10.2024 which is impugned in the present revision petition. 6 8. For better appreciation, Section 71 of the Chit Fund Act 1982, is extracted here under: 71. Money how recovered:- Every order passed by the Registrar or the nominee under Section 68 or Section 69 and every order passed by the State Government in appeal under Section 70 for payment of any money shall, if not carried out, - (a) on a certificate issued by the Registrar, be deemed to be a decree of a Civil Court, and shall be executed in the same manner as a decree of such Court; or (b) be executed in accordance with the provisions of any law for the time being in force for the recovery of amounts as arrears of land revenue : Provided that no application for execution under Clause (b) shall be made after the expiry of three years from the date fixed in the order, and if no such date is fixed, from the date of the order. 9. Thus, as per Section 71 of the Chit Fund Act 1982, the order passed by the Registrar shall be deemed to be a decree of civil court and shall be executed in the same manner as a decree of civil court, on a certificate issued by the Registrar. 10. In the instant case, though it is contended by the learned counsel for the petitioner that no such certificate was issued by the Registrar and that the E.P. was filed straightaway without such Recovery Certificate, the learned counsel for the 1st respondent has placed before this Court a copy of the Recovery Certificate issued by the Deputy Registrar of Chits, which was filed before the Court below. The attachment order was passed by the Court below 7 basing upon the said Recovery Certificate. In view of the same, the contention of the petitioner that the E.P. was filed without obtaining the Recovery Certificate from the Registrar cannot be countenanced. 11. Thus, it is evident that the 1st respondent herein/decree holder has filed the E.P. before the III Additional Civil Judge (Junior Division), Guntur for execution of the award dated 21.03.2024 passed in Dispute No.3 on the file of Deputy Registrar of Chits, Guntur, duly enclosing a copy of the Recovery Certificate issued by the Deputy Registrar of Chits, Guntur, in compliance with Section 71 of the Chit Fund Act 1982. Considering the same, the Court below has passed the attachment order. Therefore, this Court does not find any merits in the revision petition and the same is liable to be dismissed. 12. Accordingly, the Civil Revision Petition is dismissed. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ______________________ JUSTICE V.SUJATHA Date: 02.01.2026 KGR