Andhra Pradesh High Court - Amravati
Kolli Subba Reddy vs Suravarapu Rama Lakshmi on 26 June, 2024
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APHC010254022019
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3458]
(Special Original Jurisdiction)
WEDNESDAY ,THE TWENTY SIXTH DAY OF JUNE
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
CIVIL REVISION PETITION NO: 2632/2019
Between:
Kolli Subba Reddy ...PETITIONER
AND
Suravarapu Rama Lakshmi and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. G VENKATA REDDY Counsel for the Respondent(S):
1.
The Court made the following:
The Civil Revision Petition is filed under Section 115 of the Civil Procedure Code (for short "C.P.C."), challenging the order dated 29.07.2019 in E.P. No.97 of 2019 in O.S. No.346 of 2018, on the file of Principal Senior Civil Judge, Guntur.
2. The facts in brief are that The petitioner/D.Hr., filed the suit in O.S. No.346 of 2018 for recovery of an amount based on a promissory note 2 against the respondents/J.Drs. The suit was decreed on 15.02.2019. Concurrently with the main suit, the petitioner/D.Hr. filed a petition in I.A. No. 593 of 2018 under Order 38 Rule 5 of the C.P.C., seeking attachment amount of the death benefits of Mr. Late Suravarapu Koteswara Rao, who was a debtor. This attachment was executed on 20.07.2018. Subsequently, the suit was decreed on 15.02.2019, and the attachment of the suit scheduled property was confirmed. Following the decree, as the respondents/J.Drs. failed to satisfy the decreed liability, the petitioner filed E.P. No.97 of 2019 under Order 21 Rule 46 of C.P.C., requesting the Court to direct the release of the attached amount from I.A. No. 593 of 2018 and credit the said amount to the Court's account, enabling him to withdraw the amount towards satisfaction of the Court.
3. Counter affidavit has been filed by the garnishee of the J.Drs. stating that there are several other attachments from out of death benefits of the deceased/debtor. It is also stated in the counter that there are previous attachment prior to the subject attachments, as noted from the counter affidavit are:-
"2. (a) The Garnishee humbly submits that the garnishee received attachment orders on 20-07-2018 in this case for attaching an amount of Rs.6,39,024/-
(b) The garnishee also received another attachment order on 11-07-2018 for attaching an amount of Rs.1,68,450/- in I.A. No. 249 / 2018 in O.S. No. 328 / 2018 from the Hon'ble II Addl. Junior Civil Judge Court, Guntur 3
(c) The garnishee also received another attachment order on 28-09-2018 for attaching an amount of Rs.5,30,602/- in I.A. No. 422 / 2018 in O.S. No. 524 / 2018 from the Hon'ble IV Addl. Senior Civil Judge Court, Guntur.
(d) The garnishee also received another attachment order on 03-10-2018 for attaching an amount of Rs.1,48,192/- in I.A. No. 714 / 2018 in O.S. No. 458 / 2018 from the Hon'ble I Addl. Junior Civil Judge Court, Guntur.
(e) The garnishee also received another attachment order on 03-10-2018 for attaching an amount of Rs. 1,10,158/- in I.A. No. 596 / 2018 in O.S. No. 459 / 2018 from the Hon'ble I Addl. Junior Civil Judge Court, Guntur.
(f) The garnishee also received another attachment order on 04-10-2018 for attaching an amount of Rs.96,029/- in I.A. No. 597 / 2018 in O.S. No. 461 / 2018 from the Hon'ble I Addl. Junior Civil Judge Court, Guntur.
(g) The garnishee also received another attachment order on 04-10-2018 for attaching an amount of Rs.2,78,583/- in I.A. No. 418 / 2018 in O.S. No. 462 / 2018 from the Hon'ble II Addl. Junior Civil Judge Court, Guntur.
(h) The garnishee also received another attachment order on 16.10.2018 for attaching an amount of Rs.3,95,526/- in I.A. No.890/2018 in O.S. No.248/2018 from the Hon'ble Senior Civil Judge Court, Gurazala.
(i) The garnishee also received attachment orders on 22-10-2018 for attaching an amount of Rs.3,51,638/- in I.A. No.1124/2018 in O.S. No. 522 / 2018 on the file of this Hon'ble Court, Guntur."
4. The learned Judge vide order dated 29.07.2019, dismissed the petition, observing that as per Section 73 of C.P.C., the D.Hr. has to file the petition for rateable distribution of amount lying in the hands of garnishee of J.Drs. The learned Judge observed that the D.Hr. is at liberty to file a petition against the garnishee under Section 73 of C.P.C., for rateable distribution of death benefits of the deceased Suravarapu Koteswara Rao. 4
5. Hence the present Civil Revision Petition.
6. Heard learned counsel Sri T. Diwakar Reddy, representing Sri G. Venkata Reddy, learned counsel for the petitioner.
7. The learned counsel for the petitioner submits that garnishee of the J.Drs. failed to send for the attached amount in spite of many demands from them. He further contends that the amounts lying in the hands of the garnishee have not yet been disbursed till now.
8. This Court is of the considered view that learned Judge has rightly observed that the petitioner has to file an application under Section 73 of C.P.C., seeking rateable distribution of death benefits of the deceased Suravarapu Koteswara Rao, since there are several other attachments, and claimants as against the available sum of Rs.5,55,226/- currently held by the garnishee. Therefore the petitioner in terms of the provisions of Sec.73 of C.P.C. has to file an application for rateable distribution.
9. The petitioner is therefore directed to file an application within a period of two (2) weeks from the date of receipt of the order. Upon filing of such an application, if any, by the D.Hr., the learned Judge is directed to pass appropriate orders on the said application within a period of three (3) weeks thereafter. Until then, no disbursement of the funds held by the garnishee of the J.Drs. shall take place.
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9. With the above said direction, the present Civil Revision Petition is disposed of. There shall be no order as to costs.
As a sequel, interlocutory applications, pending if any, shall stand closed.
_______________________________ JUSTICE KIRANMAYEE MANDAVA Date:26.06.2024 MVK 6 168 THE HON'BLE SMT. JUSTICE KIRANMAYEE MANDAVA CIVIL REVISION PETITION No.2632 of 2019 Date:26.06.2024 MVK