THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4670/2009 Date of Order: 8-9-2011 Between: Paladugu Nagabhushana Rao ..Petitioner and 1. Mutukumilli Venkateswara Rao and others. ..Respondents The Court made the following:: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4670/2009 Oral order: The petitioner herein is the decree holder in EP Nop.205/2007 on the file of I Additional Senior Civil Judge, Vijayawada. He filed the present revision petition aggrieved by the orders of the executing court dt. 29-7-2009 passed in EP No.205/2007 in OS No.55/1997, whereunder EP filed under Order 21 Rule 48 CPC for attachment of salary of the judgment Debtor No.1 was allowed attaching salary of the judgment debtor No.1 to a tune of Rs.1000/- and issuing fresh attachment order by 4-9-2009. The case of the petitioner is that the executing court has previously attached Rs.1880/- per month from the salary of the Judgment Debtor No.1, while working in APSRTC, Mangalagiri Depot, and now he is working in APSRTC, Vijayawada and drawing allowance of CCA and HRA; and the executing court had already effected attachment on the garnishee of the judgment Debtor No.1 on 10-4-2009 and in that view of the matter the executing court ought to have enhanced the attachment amount from Rs.1,880/- per month, than reduced to Rs.1000/- by the impugned order dt. 29-7- 2009. The executing court after taking into consideration the salary certificate of judgment debtor No.1 showing the net salary of Rs.3,935/-, wherein it was shown that an amount of Rs.500/- has been attached in execution of decree passed in OS No.482/2004 on the file of Principal Senior Civil Judge, Mangalagiri, allowed the execution petition by attaching the salary of the judgment debtor No.1 to a tune of Rs.1000/- per month and issuing fresh attachment order by 4-9-2009. As per proviso to Section 60 (i) of the Code of Civil Procedure where portion of the salary as is liable for attachment has been under attachment, whether continuously or intermittently for a total period of 24 months, such portion shall be exempt from attachment until the expiry of a further period of 12 months. In view of the mandatory period of attachment, the petitioner is not entitled to any relief. But it is always open for him to proceed against the judgment debtor No.1 as per Sec. 60 (i) CPC by filing application for attachment of salary. The Civil Revision Petition is accordingly dismissed. No costs. _______________ A.GOPAL REDDY, J. Dt.8-9-2011 kmr