HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR Dated 29-4-2010 C.R.P. No.2192 of 2009 Between: K.Rama Murthy. …Petitioner. And: K.Nagarani and another. …Respondents. HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2192 of 2009 ORDER: Heard the learned counsel for the petitioner. Nobody appears for the respondents though the matter is coming up continuously for the last five days for hearing. 2. The petitioner is aggrieved by the order of attachment passed by the learned Judge, Family Court, Hyderabad dated 1-4-2009 in E.A.No.41 of 2009 in E.P.No.31 of 2006. 3. Learned counsel for the petitioner has raised two contentions which merit the consideration. Firstly, he submits that in the said proceedings before the Family Court at Hyderabad, counter has been filed by the petitioner, but the impugned order does not show any consideration of any of the said contentions. Learned Counsel asserts that the Court below has only passed a docket order and based on which warrant of attachment has been issued. Secondly, the learned counsel has submitted that the entire pensionary benefits of Rs.1,50,000/- are attached and now the same is lying with the executing Court i.e., Family Court, Hyderabad to the credit of E.P.No.31 of 2006. Leaned counsel states that while calculating the maintenance, there is an error committed by the respondent-decree holder. Inasmuch as the amount granted in O.P.No.262 of 2005 must be calculated by giving credit to the amount already awarded in maintenance proceedings at the rate of Rs.500/- per month which has not been given credit to. 4. In the facts and circumstances, as the learned counsel for the respondent has not appeared, I deem it appropriate to dispose of this CRP by setting aside the order of attachment and remit E.A.No.41 of 2009 for fresh consideration before the Judge, Family Court, Hyderabad. The amount of attachment lying to the credit of E.P.No.31 of 2006 will continue to remain and shall abide final orders that the Family Court may pass in E.A.No.41 of 2009 as directed here. 5. Learned counsel for the petitioner states that even taking into account the claim of the respondent-Decree Holder, at the most Rs.50,000/- would be receivable by the respondents. 6. Therefore, out of the amount lying in deposit to the credit of E.P.No.31 of 2006, it is appropriate to direct the Family Court to permit the respondents to withdraw Rs.50,000/- out of the total amount lying in deposit if the respondents approach the Family Court for that purpose. The rest of the amount shall abide the result of fresh orders of the Family Court in E.A.No.41 of 2009. 7. This C.R.P. is accordingly disposed of with the above direction. No costs. _____________________________________ JUSTICE VILAS V. AFZULPURKAR Dated 29-4-2010 Dvs HONOURABLE SRI JUSTICE VILAS V. AFZULPURKAR C.R.P. No.2192 of 2009 Dated 29-4-2010