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Judgment
Heard M/s.P.Suresh, learned counsel for the petitioner and Mr.M.Subrahmanya Sastry, learned counsel for respondent No.1 and perused the record
The instant is the Civil Revision Petition, which has been filed under Section 115 of Code of Civil Procedure, 1908, (for short “the C.P.C.”) aggrieved by the order dated 27.04.2026 passed by the IX Additional Chief Judge, City Civil Court, Hyderabad, in E.P.No.23 of 2025 in ARC.No.107 of 2020.
The limited relief that the petitioner has sought for in the instant civil revision petition is for modifying the order of attachment issued on 27.04.2026 to the extent that inspite of attachment of salary of Rs.1000/- and 1/3rd of remaining salary being ordered to be attached, he should pay Rs.1000/- and 2/3rd of remaining salary. The said modification sought for is based upon the provisions of Section 60 (i) of C.P.C. This Court vide its interim order dated 28.07.2026 had ordered the concerned Court to ensure that deduction of salary of order be made only in terms of provision of Section 60 (i) of C.P.C.
Today, Mr.M.Subrahmanya Sastry, learned counsel, entered appearance on behalf of respondent-Decree-holder and submits that he does not have any strong objection to the extent of order of attachment being modified in terms of provision of Section 60 (i) of C.P.C.
In view of the same, this Court is of the considered opinion that let the attachment order issued by the IX Additional Chief Judge, City Civil Court, Hyderabad, in EP.No.23 of 2025 in ARC.No.107 of 2020 be passed ensuring that order of attachment is in accordance with the provision of Section 60(i) of C.P.C. i.e. attachment of salary to the extent of salary of Rs.1,000/- and 2/3rd of the remaining part of salary instead of Rs.1000/- and 1/3rd of remaining salary as has been ordered by the Executing Court.
With the aforesaid observations and modifying the impugned order of attachment of salary to the extent of Rs.1000/- and 2/3rd of remaining part of salary, the Civil Revision Petition is partly allowed. There shall be no order as to costs.
Consequently, miscellaneous petitions pending, if any, shall stand closed.