Shaik Subhani, vs Velisala Yedukondalu Alias Anil ...
2021 Latest Caselaw 5450 AP

                HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                           C.R.P.No.1228 of 2021

ORDER:

The respondent herein had filed O.S.No.128 of 2021 before the

Junior Civil Judge, Piduguralla, for recovery of an amount of Rs.5,00,000/-

with interest against the petitioners herein. He also filed I.A.No.220 of

2021 under Order XXXVIII Rule 5 C.P.C., seeking attachment of schedule

property of the petitioners. The trial Court by order dated 20.07.2021

ordered conditional attachment directing the petitioners to furnish security

equivalent to the suit amount within 72 hours, failing which attachment

order would be made absolute. Aggrieved by the said order, the

petitioners had approached this Court by way of this revision petition.

The petitioners were permitted to take out personal notice to the

respondents and had filed proof of service, which showed that the notice

sent to the respondent was refused by the respondent. In the

circumstances, the said service shall be treated as service of notice on the

respondent.

Smt. Manikyaveena, learned counsel appearing on behalf of Sri

Naganjaneyulu Borra, learned counsel for the petitioner, relies upon a

judgment of the erstwhile High Court of Andhra Pradesh reported in

Vemulapalli Ravichandra vs. Mattampalli Srinivasa Rao1 to contend

that an order of this nature could not have been given without notice to

the petitioners and without giving them an opportunity to set out their

objections for attachment of their property. She further contends that the

order of attachment should also show satisfaction of the trial Court about

2007 (4) ALD 485 2 RRR,J C.R.P.No.1228 of 2021

the allegations made in the application. Learned counsel for the

petitioners contends that none of these conditions have been complied

with.

A perusal of the order shows that the trial court did not give any

reasons as to why the Court was satisfied about the intent of the

petitioners to sell away their property, which is the petition schedule

property. Further, no opportunity was given to the petitioners to make out

their case before the trial Court.

In the circumstances, this civil revision petition is allowed setting

aside the order of the trial Court dated 20.07.2021 in I.A.No.220 of 2021

in O.S.No.128 of 2021 and the same is remanded back to the trial Court

for proper adjudication in accordance with the provisions of Order XXXVIII

Rule 5 C.P.C. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

_________________________ R. RAGHUNANDAN RAO, J.

23rd December, 2021 Js.

                          3                             RRR,J
                                       C.R.P.No.1228 of 2021




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               C.R.P.No.1228 of 2021




                23rd December, 2021
Js.