THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CIVIL REVISION PETITION No.692 OF 2021
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioner/defendant aggrieved by the order, dated 02.02.2021, passed in I.A.No.18 of 2020 in O.S.No.10 of 2020 by the Junior Civil Judge, Nalgonda, wherein, the immovable property belonging to the petitioner/defendant, shown in the petition schedule, was ordered to be attached before judgment.
2. Heard the learned counsel for both sides and perused the record.
3. Learned counsel for the petitioner/defendant would submit that the Court below, without there being any material on record to establish the prima facie case, passed the impugned attachment order. The petitioner/defendant has filed an undertaking, dated 21.06.2021, before this Court stating that she will not alienate the subject property i.e., agricultural land admeasuring Ac.4-00 gts. in Survey No.84/1 situated at Jamasthanpally Revenue Village, Munugode Mandal, Nalgonda District, to third parties and ultimately, prayed to set aside the impugned order by allowing the revision petition.
4. On the other hand, learned counsel for the respondent/plaintiff would submit that no prejudice would be caused to the petitioner/defendant, if the subject property is 2 attached before judgment and ultimately, prayed to dismiss the revision petition.
5. It is pertinent to state that the very object of Order XXXVIII Rule 5 C.P.C. is to prevent the defendant from defeating the realization of the decree that may ultimately be passed in favour of the plaintiff. In the instant case, since the petitioner/defendant has filed an undertaking before this Court stating that she will not alienate or create any third party interest over the subject property i.e., agricultural land admeasuring Ac.4-00 gts. in Survey No.84/1 situated at Jamasthanpally Revenue Village, Munugode Mandal, Nalgonda District, the said undertaking will serve the purpose and safeguard the interest of the respondent/plaintiff. Under these circumstances, the impugned order, dated 02.02.2021, is liable to be set aside.
6. Accordingly, the Civil Revision Petition is allowed and the impugned order, dated 02.02.2021, passed in I.A.No.18 of 2020 in O.S.No.10 of 2020 by the Junior Civil Judge, Nalgonda, is set aside. However, this order will not preclude the respondent/plaintiff from taking benefits under Rythu Bandu scheme.
Miscellaneous Petitions, if any, pending in this Civil Revision Petition shall stand closed. No order as to costs.
______________________ Dr. SHAMEEM AKTHER, J Date: 16-07-2021.
MD