THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.38 OF 2008 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the judgment, dated 15.11.2007, in C.M.A.No.19 of 2007, on the file of the Principal District Judge, Rajahmundry, East Godavari District, whereunder and whereby, the appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908, filed by the petitioner/defendant No.7 was allowed setting aside the order, dated 12.06.2007, in I.A.No.574 of 2007 in O.S.No.367 of 2002, passed by the Principal Senior Civil Judge, Rajahmundry, subject to deposit of 1/3rd of the decretal amount by the petitioner and subject to recovery of the decretal amount from other defendants in the execution proceedings. 2. Heard both sides. 3. It is not in dispute before this Court that the petitioner herein, who is defendant No.7 - guarantor to the chit transaction, has already deposited an amount of Rs.39,221/- out of the total decretal amount of Rs.2,85,901/-. That amount was recovered from the salary of the petitioner by way of attachment. Apart from the petitioner there are five defendants who stood as guarantors for the debt incurred by borrower/defendant No.1. No doubt, the respondent herein/decree holder can realize the amount from any of the guarantors as the decree is joint and several. But, considering the fact that other guarantors including the borrower are also employees, the decretal amount, if any, can be realized from the borrower and other guarantors. In view of the fact that the petitioner has already retired from service and an amount of Rs.39,221/- was recovered from his salary, imposing a condition to deposit 1/3rd of the decretal amount may not be just and proper. In the peculiar facts and circumstances of the case, the principles of equity can be applied. The same cannot be taken as a precedent. Hence, the impugned judgment is set aside and the application filed by the petitioner is allowed. 4. Accordingly, the Civil Revision Petition is allowed setting aside the judgment, dated 15.11.2007, in C.M.A.No.19 of 2007, on the file of the Principal District Judge, East Godavari, Rajahmundry. There shall be no order as to costs. _______________ K.C. BHANU, J September 27, 2010 MD IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.38 OF 2008 Between: Kolla Bharath Babu .....PETITIONER AND M/s. Model Chit Corporation Limited ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.38 OF 2008 September 27, 2010