IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION NO.4415 OF 2010 Between : T.R.Ranganathappa .... PETITIONER A N D G.Anil Kumar …RESPONDENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION NO. 4415 OF 2010 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), is directed against the order, dated 04.09.2010, in E.P.No.10 of 2010 in O.S.No.151 of 2006 on the file of the Junior Civil Judge, Madakasira, whereunder and whereby, the execution petition filed under Order XXI Rule 11 CPC to attach 1/3rd salary of the petitioner/judgment debtor, was allowed attaching an amount of Rs.6,700/- per month from the salary of the petitioner/judgment debtor in terms of Section 60(1) CPC. 2. Heard both sides. 3. Learned counsel for the petitioner/judgment debtor contended that the petitioner is getting only Rs.3,600/- per month as a net salary and therefore, the impugned order is liable to be set aside. On the other hand, the counsel for the respondent/decree holder has relied on a ruling reported in K.Venkateswarlu V D.Raga Reddy[1], wherein it was held thus: “In clauses (i) and (ia) “salary” means the total monthly emoluments, excluding any allowance declared exempt from attachment under the provisions of clause (1), derived by a person from his employment whether on duty or on leave. Having regard to the aforementioned definition of salary, there cannot be any doubt whatsoever that all allowances which are not exempted by the State by issuing any notification would form part of the salary and thus the dearness allowance and house rent allowance undisputedly also would be attachable. Attachment of salary of the Judgment debtor XXX can be made subject to the restrictions contained in Clauses (i) of the proviso appended to Sub-section (1) of Section 60 of CPC” 4. So basing on the above decision, the trial Court rightly attached the salary of the judgment debtor to a tune of Rs.6,700/- after deducting Rs.1000/- and 2/3rd of the remainder. If the petitioner has obtained loans from the Bank and societies, those installments being paid by him towards the said loans are not liable for exemption in terms of Section 60 CPC. Therefore, the impugned order does not suffer from any infirmities so as to call for the interference by this Court and the impugned order is completely in accordance with Section 60 CPC. 5. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C.BHANU, J FEBRUARY 01, 2011. YVL [1] 2002 (1) LS 162 (DB)