THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL REVISION PETITION Nos.3107 and 3227 OF 2009 Dated : 22.03.2010 Between : Kolipaka Kotaiah … Petitioner-J.Dr. A n d Kummari Pandurangaiah & another … Respondents THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CIVIL REVISION PETITION Nos.3107 and 3227 OF 2009 COMMON ORDER: Civil Revision Petition No.3107 of 2009 is filed by the petitioner being aggrieved by the order dated 18.06.2009 passed by the Principal Senior Civil Judge, Kothagudem, Khammam District, in I.A.No.362 of 2008 in O.S.No.300 of 2006 filed under Order XXXVIII Rule 5 read with Section 151 of the Code of Civil Procedure seeking to attach the petition schedule bank amounts to an extent of Rs.2,04,200/- towards suit claim before judgment. Civil Revision Petition No.3227 of 2009 is filed by the petitioner being aggrieved by the order dated 10.07.2009 passed by the Principal Senior Civil Judge, Kothagudem, Khammam District, in E.P.No.283 of 2009 filed under Order XXI Rule 46A of the Code of Civil Procedure filed praying the Court to direct the Garnishee of J.Dr. to send the amount which was already attached in I.A.No.362 of 2008. 2) Heard. 3) On 15.03.2010, this Court directed the learned counsel for the respondent to get instructions as to whether his client is willing for out of Court settlement by receiving 50% of the decretal amount. Today, the learned counsel for the respondent-decree holder reports that his client has accepted for out of Court settlement at Rs.1,00,000/- (Rupees One Lakh only) in spite of the decretal amount being Rs.2,04,000/- and the E.P. amount being Rs.2,55,000/-. Earlier, the learned counsel for the petitioner, on instructions, has reported the willingness of his client for paying 50% of the decretal amount. 4) In the circumstances, it is directed that out of the amount lying with the garnishee, an amount of Rs.1 lakh shall be paid to the respondent-decree holder and if the amount is already deposited in the Court, the respondent-decree holder is entitled to withdraw an amount of Rs.1 lakh out of the same, and the remaining amount shall be paid to the revision petitioner-judgment debtor. With the above arrangement, the execution proceedings shall be concluded. 5) Accordingly, both the Civil Revision Petitions are disposed of. No order as to costs. _____________________ P. SWAROOP REDDY, J. Date: 22-03-2010 sur