Andhra Pradesh High Court - Amravati
Ponakala Balarama Sundari, vs Kandimalla Nageswara Rao, on 12 September, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ~~
THURSDAY, THE TWELFTH DAY OF SEPTEMBER, .
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE RAVI NATH TILHA
AND |
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY "Ss
1A No. 1 OF 2024 ee ogee
IN
CRP NO: 1083 OF 2024
Between:
1.
Ponakala Balarama Sundari, W/o V. Suresh B: bu, D/o. Veera Sankara
Rao, Hindu, aged 42 yrs, R/o D.no.4-19-6/3, 1st line, Vilayapuri Colony,
Guntur City.
Smt. Ponakala Rama Tulasamma, W/o. Veera Sankara Rao, Hindu,
aged 66 yrs, Hindu, R/o. D.no. 4-19-6/3,1st line, Vifayapuri colony,
Guntur City .
Ponakala Veera Sankara Rao, S/o. (late) Balaramaiah, Hindu, aged
72yrs, D.ne. 4-19-6/3, Ist line, Vilayapuri colony, Guntur City
..Petitioners/Revision Petitioners
(Petitioner in CRP 1083 OF 2024
on the file of High Court)
AND
. KandimallaNageswara Rao, S/o. (late) Veeraraghavaya @
Veeraraghvulu, aged 71 yrs, Hindu, Business, D.no. 4-19-13/2,
Vijayapuri, JKC college road, Guntur city.
. KandimallaTulasidevi, W/o. Nageswara Rao, Hindu, aged 69 yrs. |
Business, D.no. 4-19-13/2 Vijayapuri, JKC college road, Guntur city.
Kandimaila Srikanth, S/o. SatyanandaParamahamsa, Hindu, aged 40
yrs. Business, D.no. 4-5-29/83, ground floor, 4/3 lane, Vidyanagar,
Guntur city.
4, KandimallaSatyanandaParamahamsa, S/o. (late) Veeraraghavaya @
Veeraraghvulu, Hindu, aged 67 yrs. Business, D.no. 4-5-29/83, ground
floor, 4/3 lane, Vidyanagar, Guntur city.
5. KandimailaRaghurama Rao, S/o. (late) Veeraraghavaiah @
Veeraraghvulu, Hindu, aged 60 yrs, Business, D.No- 4-19-94/A 7th
lane, Vikasnagar, Guntur city.
6. Kandimalla Sai Krishna, S/o. Raghu Rama Rao, Hindu, aged 35 yrs,
Business, D.No- 4-19-94/A, 7th lane, Vikas Nagar, Guntur city.
(Respondents 2, 3 and 6 not necessary parties)
..Respondents/Respondents
{Respondents in-do-}
Petition underSection 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
may be pleased to direct the respondents 1, 4 and 5 not to alienate/ sell/
create any charge over ltem no.7 of B-Schedule property in O.S. No. 157 of
2023 on the file of Il-Addl. District Judge, Guntur, Pending disposal of
CRP No. 1083 of 2024, on the file of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit fied in support thereof and the orders of the High Court dated 09.05.2024,
04.07.2024 & 31.07.2024 made herein and upon hearing the arguments of Sri M
Chalapati Rao, Advocate for the Petitioners and of Sri K. Siva Rama Krishan,
Advocate for the Respondent Nos.1&5, the Court made the following;
ORDER
"Heard Sri N.Subba Rao, learned Senior Counsel, assisted by Sri
Siva Rama Krishna Kolluri, learned counsel for the appellant/2™
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 I
additional District Judge, Guntur, by order dated 14.02.2024. The appeal
is filed only by the 2" 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 surities
for the suit amount on receipt of notice, which as per the case of the gna
defendant was served on the 6" 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 6° 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/2"? 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 advanced to the 2°? defendant through the 6" 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 2° 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.MLA.
6. Post on 15.10.2024.
7, Considering that the 2" 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 2"? defendant/appellant to file appropriate application
before the learned court of Ill Additional District Judge, Guntur, for
furnishing the security with respect to the amount of Rs.34,50,000/-
attributed to the 2™ defendant through the 6" 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 2"? 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." OAL
SDi- B.PRASAD RAO
ASSISTANT REGISTRAR...
HTRUE COPYH!
For é
SECTION OFFICER
To,
The {ll-Addl. District Judge, Guntur
One CC to Sri. M.Chalapati Rao, Advocate [OPUC]
One CC to Sri Siva Rama Krishna Kolluru, Advocate [OPUC]
One CC to Sri Upendra Rao Manukonda, Advocate [OPUC]
The Section Officer, New Filing Section, High Court of AP
The Section Officer, CRP Section, High Court of AP
The Section Officer, CMA Filing Section, High Court of AP
Two spare copies
oN Aa fs ON =
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ee
HIGH COURT
DATED: 12/09/2024
POST ON 15.10.2024
ORDER
IA No. 1 OF 2024
IN
CRP NO: 1083 OF 2024
INTERIM ORDER EXTENDED
