1
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD
CIVIL REVISION PETITION No.889 OF 2021
ORDER:
1 This Civil Revision Petition, under Article 227 of the Constitution of India, is filed impugning the order dated 30.04.2021 passed in I.A.No.43 of 2021 in O.S.No.20 of 2021 on the file of the Court of the Junior Civil Judge, Kollapur, wherein and whereby the petition filed by the revision petitioner under Order 38 Rule 5 CPC praying to attach a house bearing D.No.G.P.No.8-27 situated in the limits of Koppunoor village of Chinnambavi Mandal, Wanaparthy belonging to the respondent / defendant, was dismissed.
2 The facts that led to the filing of the present Civil Revision Petition, succinctly, are as follows:
3 The petitioner filed the above suit against the respondent on the foot of a promissory note. The respondent is trying to alienate the above stated suit schedule house property in order to delay the execution of the decree to be passed against him. In the event the petitioner succeeds in the suit, it is not possible for the petitioner to realize the decretal amount. Hence the above petition. 4 The respondent filed counter denying the exclusive ownership of the respondent as his bothers are also having equal undivided share in the aforesaid property. The petitioner failed to prove the individual title of the respondent over the property. 5 The trial Court by relying on the judgment of High Court of Calcutta in a case between Premraj Mundra V. Md. Manech Gazi 2 reported in AIR 1951 Cal 156, dismissed the petition. Hence the present Civil Revision Petition.
6 However, the object and purport of the provision of law under Order 38 Rule 5 is to direct the defendant to furnish surety for the suit claim of the plaintiff till the disposal of the suit. The learned counsel for the petitioner submitted that the defendant obtained loan on the promissory note upon which the suit was filed.
7 In that view of the matter, the Civil Revision Petition is allowed setting aside the order dated 30.04.2021 passed in I.A.No.43 of 2021 in O.S.No.20 of 2021 on the file of the Court of the Junior Civil Judge, Kollapur. However, there shall be a direction to the defendant not to alienate the property or change the nature of the property or create any third party interest thereon pending disposal of the suit. The trial Court shall expedite the disposal of the suit at the earliest. No order as to costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition shall stand closed.
__________________________ T. AMARNATH GOUD, J.
Date: 13.9.2021 Kvsn