Citation : 2024 Latest Caselaw 8732 AP
Judgement Date : 20 September, 2024
APHC010392622024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3470]
(Special Original Jurisdiction)
FRIDAY ,THE TWENTIETH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL MISCELLANEOUS APPEAL NO: 601/2024
Between:
Vadde Bhavani ...APPELLANT
AND
Viswanadhuni Edukondalu ...RESPONDENT
Counsel for the Appellant:
1. VENKATA SIVA NAGARAJ BONKURI
Counsel for the Respondent:
1.
The Court made the following:
JUDGMENT:
(per Ravi Nath Tilhari, J)
Heard Sri B.V.S.Nagaraj, learned counsel for the appellant.
2. This appeal is filed by the defendant in the suit O.S.No.21 of 2024 before
the VI Additional District Judge's Court being aggrieved from the order of
attachment passed under Order 38 Rule 5 of CPC in I.A.No.252 of 2024.
3. The appellant has already filed response before the Court below which is
said to be pending.
4. An order under Order 38 Rule 5 at initial stage at the time of issuing notice
is not appealable, under Order 43 Rule 1 CPC. The order under Rules 2, 3 & 6 of
Order 38 are appealable. The present Order is under Rule 5. It is not appealable.
5. The Civil Miscellaneous Appeal is dismissed at the admission stage as
being not maintainable.
No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand
closed.
____________________ RAVI NATH TILHARI, J
____________________ NYAPATHY VIJAY, J
Dated: 20.09.2024 AG
THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
CIVIL MISCELLANEOUS APPEAL NO: 601/2024
Dated: 20.09.2024 AG
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