IN THE HIGH COURT OF JUDICIATURE, ANDHRA PRADESH, AT HYDERABAD FRIDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.2752 OF 2007 Between:- Volati Satyanarayana …Petitioner A n d Vegunta Venkata Satyanarayana and two others …Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.2752 OF 2007 ORDER: The civil revision petition is directed against order dated 13-06-2006 in I.A.No.1118 of 2006 in O.S.No.194 of 2006, on the file of Principal Senior Civil Judge, West Godavari District, at Eluru, wherein the said application filed by the first respondent herein, the plaintiff, under Order XXXVIII Rule 5 CPC, was allowed, directing the petitioner herein to furnish security for suit amount and suit costs in a sum of Rs.1,60,000/-, failing which attachment of petition schedule amounts i.e., leave encashment, arrears of salary and thrift lying in the hands of guarnishee was ordered. 2. Heard the learned counsel for the petitioner. None appeared for the respondents. Perused the records. 3. The first respondent herein filed the suit against the petitioner for recovery of certain amounts alleged to be due under a promissory note. The first respondent sought attachment before judgment of the petition schedule amounts comprising gratuity and also leave encashment. By the impugned order, the trial Court ordered conditional attachment of the said amounts. Aggrieved by the same, the present civil revision petition is filed. 4. While admitting the civil revision petition, this Court on 12-07-2007, granted interim suspension in CRP.MP.No.3552 of 2007 insofar as attachment of gratuity amount is concerned, but the leave encashment amount of Rs.59,813/- was permitted to be attached. 5. The learned counsel for the petitioner would state that pursuant to the interim orders of this Court, the petitioner has withdrawn the gratuity amount. There cannot be any tenable objection for attachment of the leave encashment amount, as the same does not fall within the exemptions. 6. In the circumstances, the impugned order is modified by confining the order of conditional attachment only to the extent of leave encashment amount of Rs.59,813/- and raising the attachment in respect of other amounts. 7. In the result, the civil revision petition is disposed of accordingly. There shall be no order as to costs. _____________________ G.V.SEETHAPATHY, J 18th February, 2011 Ksm/Lrkm