Andhra Pradesh High Court - Amravati
Kandimalla Tulasi Devi vs Ponakala Balarama Sundari on 20 November, 2024
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE: C.M.A.No.228 of 2024
PROCEEDING SHEET
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No. DATE ORDER
NOTE
HCJ
7. &20.11.2024
RSR, J R RNT,J & CGR,J
On 12.09.2024, common order was
passed in C.M.A.228 of 2024 and
C.R.P.No.1083 of 2024, which reads as
follows :
"Heard Sri N.Subba Rao, learned Senior
Counsel, assisted by Sri Siva Rama Krishna
Kolluri, learned counsel for the appellant/2nd
defendant.
2. This appeal is filed challenging the order
of attachment before judgment passed under
Order 38 Rule 6 of the Code of Civil Procedure(for
short 'C.P.C') in O.S.No.157 of 2023 on the file of
the III Additional District Judge, Guntur, by order
dated 14.02.2024. The appeal is filed only by
the 2nd defendant in the suit, to the extent of
attachment of property in item No.1 of the 'B'
plaint schedule property.
3. One of the submissions advanced by the
learned Senior Counsel for the appellant is that
the conditional order of attachment under Order
38 Rule 6 C.P.C, granted 48 hours time to
produce the solvency sureties for the suit amount
on receipt of notice, which as per the case of the
2nd defendant was served on the 6th defendant
on 29.10.2023. He submits that the period of 48
hours would start from 29.10.2023, the date of
service on the 6th defendant, served lastly. The
conditional order of attachment could not be
therefore effected on 29.10.2023 i.e. not before
31.10.2023. Consequently, the appellant/2nd
defendant, had no opportunity to make
compliance with the conditional order by
furnishing the security for the amount, which as
per the plaint averment is said to have been (contd..)
advanced to the 2nd defendant through the 6th
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defendant. Learned counsel for the appellant
submits that as on today itself, the appellant is
ready and willing to furnish the security before
the learned court for the said amount as
attributed to the 2nd defendant in the plaint.
4. At this stage, Sri M.Chalapathi Rao,
learned counsel appearing through virtual mode,
for the plaintiffs/respondent 1 to 3 submits that
the matter may be posted in the next week to
enable him to appear personally
5. Sri M.Chalapathi Rao, learned counsel for
the plaintiffs/respondent 1 to 3 further submits
that C.R.P No.1083 of 2024 has been filed
against the same order of the learned court, but
with respect to item No.7 of 'B' schedule
property, from which the conditional attachment
has been withdrawn. The petitioners/plaintiffs
therein, have also filed an application for
converting the C.R.P into C.M.A.
6. Post on 15.10.2024.
7. Considering that the 2nd defendant/
appellant is ready to furnish the security as
aforesaid, but without entering into the merits of
the submission advanced at this stage, as an
interim measure, we grant liberty to the 2nd
defendant/appellant to file appropriate
application before the learned court of III
Additional District Judge, Guntur, for furnishing
the security with respect to the amount of
Rs.34,50,000/- attributed to the 2nd defendant
through the 6th defendant in the plaint and if
such an application is filed, after giving due
opportunity to the plaintiffs/respondents 1 to 3,
appropriate orders will be passed by the learned
court with respect to item No.1 of the plaint 'B'
schedule property under attachment by the order
impugned.
8. On the next date, a copy of the order to be
so passed, shall be filed by the 2nd defendant/
appellant. The said order shall remain subject to
the further orders, passed in this appeal.
9. Interim order granted earlier in
C.R.P.No.1083 of 2024 is extended till the next
date of listing.
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2. Sri K. Sivarama Krishna, learned
counsel for the appellant in C.M.A.No.228 of
2024 submits that the appellant could not
comply with the order, dated 12.09.2024, as
the copy of the said order was not received by
him. He submits that the copy of the order,
dated 12.09.2024 was not uploaded in the file
of C.M.A.No.228 of 2024.
3. We are informed that the copy of
the order was uploaded in both the cases.
Besides the copy of the order, dated
12.09.2024 in C.R.P.No.1083 of 2024 was
sent to the III Additional District Judge, Guntur
as well, where the appellant had to file
appropriate application, for which liberty was
granted. The order, dated 12.09.2024 was
passed in the presence of the learned counsel
for the appellant. So, we do not find any
sufficient reason for the appellant not to file
appropriate application, pursuant to the order,
dated 12.09.2024.
4. The Interim order was granted,
considering the submissions advanced that the
appellant was ready to furnish the security with
respect of the amount of Rs.34,50,000/-
attributed to the 2nd defendant. Learned
counsel for the appellant prays for extension of
the interim order.
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5. As the appellant failed to take
steps, pursuant to the order of this Court
passed in C.M.A.No.228 of 2024 dated
12.09.2024, we modify the interim order, dated
12.09.2024 by providing that the appellant
shall deposit an amount of Rs.34,50,000/-
(Rupees thirty four lakhs and fifty thousand
only) in this Court through Demand Draft by
the next date of listing, failing which, the
interim order shall stand vacated in C.M.A.
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RNT,J
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CGR,J
RPD
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