HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1880 OF 2010 . DATED 30th September,2011 BETWEEN Shaik Mahabu @ Mabu …Petitioner And Pulipati Janardhana Rao ….Respondent. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA CIVIL REVISION PETITION No. 1880 OF 2010 ORDER: This Civil Revision Petition under Section 115 of Code of Civil Procedure is filed aggrieved by the order dated 29.12.2008 passed in E.P.No. 174 of 2008 in O.S.No. 216 of 2007 by the learned Junior Civil Judge, Chintalapudi, W.G. District. The respondent/plaintiff/Decree Holder obtained a money decree against the petitioner/defendant/Judgment Debtor and filed E.P.No. 174 of 2008 in O.S.No. 216 of 2007 on the file of the learned Junior Civil Judge, Chintalapudi, West Godavari District for attachment of salary. The learned Counsel for the petitioner precisely contended that though the Court below ordered notice to the petitioner/judgment debtor and garnishee in the Execution Petition, it sent a warrant of salary attachment without there being any order for attachment of salary. The petitioner/decree holder filed the E.P.No. 174 of 2008 for realization of the decree on 23.12.2008 and the said execution proceedings came up for consideration before the Court below on the same day itself. On that day, the Court below ordered notice to the petitioner/Judgment-Debtor and garnishee. Thereafter, the Court below, right or wrong, sent the warrant dated 29.12.2008 for attachment of salary of the Garnishee to his disbursing officer. Thereafter, the matter was listed on 4.3.2009, on which day, the Court below recorded that the R.P. served personally on Judgment Debtor and Garnishee and posted the matter to 3.6.2009. On that day, Judgment Debtor called absent. Thereafter, the matter underwent several adjournments till 19.2.2010. It may be noticed that neither the Judgment Debtor nor the Garnishee made an attempt to bring to the notice of the learned Presiding Officer the error committed by the Court below in sending the warrant for attachment of salary without there being an order for attachment. It is not for the petitioner/judgment debtor to approach to this Court directly in the present revision petition. Further, when the present revision petition came up for consideration on 15.11.2010, this Court granted interim suspension on condition of the petitioner/judgment debtor depositing 50% of the decreetal amount together with costs and interest within a period of four weeks form the date of the said order. In the same order, this Court further observed that failure to deposit 50% of the decree amount, the interim suspension shall stand cancelled without reference to the Court and the respondent can execute the decree. To day when the matter is taken up for hearing, the learned Counsel for the petitioner reported that the order of this Court dated 15.11.2010 was not complied with. In view of the non-compliance of the Court order dated 15.11.2010 and liberty given in the said order to execute the decree in the event of non-payment of the 50% of the decreetal amount within the stipulated time, the present Civil Revision Petition has become infructuous in as much as the respondent/decree holder would have executed the decree by now. For the foregoing discussion, the Civil Revision Petition is liable to be dismissed and accordingly the same is dismissed. There shall be no order as to costs. ------------------------------------ -- JUSTICE ASHUTOSH MOHUNTA Dated 30th September, 2011. Msnro