1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4260 OF 2009 Subhash s/o Laxman Narwade, Age: 45 years, Occ: Service, R/o.At Post & Village Takli Khatgaon, Tq. & Dist. Ahmednagar. .. Petitioner Versus Kanhur Pathar Co-operative Credit Society Ltd., Kanhur Pathar, Tq. Parner Dist. Ahmednagar & Ors. .. Respondents ... Mr. P.K. Palve, Advocate for petitioner. Mr. M.M. Nerlikar, Advocate for Resp.No.1. Mr. D.K. Dagadkhair, Adv. for Resp.Nos.2 & 3. ... CORAM : K.K. TATED, J. DATE : 29TH SEPTEMBER, 2009. PER COURT : 1. Heard learned Counsel for the petitioner, learned Counsel for respondent No.1 and learned Counsel for respondent Nos. 2 and 3. 2. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner is 2 challenging the order dated 16-04-2009 passed by the 2nd Joint Civil Judge, S.D. Ahmednagar below Exh. 41 in Special Darkhast No. 197/2005 filed by respondent No.1. A few facts of the matter are as under. . Respondent No. 1 filed Dispute No. 770/2003 in the Court of the Judge, Co-operative Court, Ahmednagar for recovery of sum of Rs.2,17,428/- against the petitioner and respondent Nos. 2 and 3. In the said dispute, Co-operative Court passed judgment and decree dated 16-08-2004 holding that the petitioner and respondent Nos. 2 and 3 are jointly and severally liable to pay sum of Rs.2,03,729/- to respondent No. 1 with costs and interest @ 20% p.a. on Rs.1,00,000/- w.e.f. 01-04-2003 till its full realisation. Thereafter, respondent No.1 - original plaintiff filed Special Darkhast No. 197/2005 for recovery of the said amount. In that recovery proceeding, respondent No. 1 preferred application below Exh. 41 dated 30-03-2009 for 3 attachment of the petitioner's salary. On the said application, the trial Court passed order on 16-04-2009 directing the Head-Master of Hanuman Vidyalaya in which the petitioner is working, to attach the salary to the extent of Rs.6900/- and to deposit the same in Civil Court, Ahmednagar in the said proceeding. 4. Learned Counsel appearing on behalf of the petitioner states that the order dated 16-04-2009 is without giving hearing to the petitioner. He further pointed out from the order itself that papers were collected by J.D. No.2 and not by the petitioners. 5. Considering these facts, the matter is remanded back to the trial Court to decide application below Exh. 41 dated 30-03-2009, after giving full opportunity to the petitioner as well as respondents, within six months from today. Till that time, deduction of Rs.6900/- from the petitioner's salary to be continued. 4 Therefore, the following order. (1) The matter is remanded back to the 2nd Joint Civil Judge, S.D. Ahmednagar for fresh hearing on Exhibit-41 dated 30-03-2009 in Special Darkhast No. 196/2005. (2) Parties are at liberty to file their pleadings within one month from the receipt of writ from this Court. (3) Trial Court to decide Exh. 41 dated 30-03-2009 within six months from the receipt of writ from this Court. (4) Till hearing and final disposal of Exh. 41, Head Master of Hanuman Vidyalaya is directed to deduct sum of Rs.6900/- from the salary of the petitioner i.e. Subhash Laxman Narwade and to deposit the same in Civil Court, Ahmednagar in Special Darkhast No. 197/2005. 5 6. With these directions, Writ Petition is disposed of accordingly. [ K.K. TATED, J.] sut/SEP09/wp4260.09