IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3059 OF 2010 Between: Bongu Satyam .....PETITIONER AND A. Srinivasa Rao ....RESPONDENT The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3059 OF 2010 ORDER: This Civil Revision Petition, under Section 115 of the Code of Civil Procedure, 1908, (for short, “C.P.C.”) is directed against the order, dated 10.06.2010, in E.P.No.139 of 2009 in O.S.No.221 of 2001, on the file of the Senior Civil Judge, Gajuwaka, whereunder and whereby, an attachment warrant was issued, under Order XXI Rule 46 C.P.C., attaching the amount of the petitioner/judgment debtor lying in the hands of his garnishee i.e., Branch Manger, State Bank of Hyderabad, Sriharipuram Branch, Visakhapatnam, in S.B. A/c. No.62081881684 of the petitioner, for realization of the decreetal amount. 2. The suit is filed by the respondent/decree holder against the petitioner/judgment debtor for recovery of certain amount. The suit was decreed on 11.07.2003. An amount of Rs.50,889/- was received by the respondent through the Court by way of cheques after the attachment of the salary of the petitioner. Further, an amount of Rs.1,22,038/- has to be paid by the petitioner to the respondent towards full satisfaction of the decree. Hence, the present Execution Petition. 3. Learned counsel for the petitioner/judgment debtor contended that in terms of Section 60 (g) C.P.C., pension received by a retired employee is not attachable and hence, he prays to set aside the impugned order. 4. On the other hand, learned counsel for the respondent contended that no certificate from the State Bank of Hyderabad, Sriharipuram Branch, Visakhapatnam, is obtained by the petitioner to show that an amount of Rs.7,000/- per month was credited to the account of the petitioner towards pension and hence, he prays to dismiss the revision petition. 5. A specific plea has been taken by the petitioner that an amount of Rs.7,000/- per month is being credited to his account in State Bank of Hyderabad, Visakhapatnam, towards pension. This aspect of the case has not been properly dealt with by the executing Court. Hence, the impugned order is liable to be set aside. 6. Accordingly, the Civil Revision Petition is allowed setting aside the impugned order, dated 10.06.2010, in E.P.No.139 of 2009 in O.S.No.221 of 2001, on the file of the Senior Civil Judge, Gajuwaka, and remanding the matter to the executing Court for fresh disposal of the same, after giving opportunity to both the parties including the petitioner/judgment debtor to establish his case that the amount credited to his S.B. account is by way of pension. There shall be no order as to costs. _______________ K.C. BHANU, J March 23, 2011 MD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3059 OF 2010 March 23, 2011