Marri Rupamma vs Avula Srinivas
2021 Latest Caselaw 2125 Tel

          THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER

          CIVIL REVISION PETITION No.692 OF 2021

ORDER:

This Civil Revision Petition, under Article 227 of the

Constitution of India, is filed by the petitioner/defendant

aggrieved by the order, dated 02.02.2021, passed in I.A.No.18

of 2020 in O.S.No.10 of 2020 by the Junior Civil Judge,

Nalgonda, wherein, the immovable property belonging to the

petitioner/defendant, shown in the petition schedule, was

ordered to be attached before judgment.

2. Heard the learned counsel for both sides and perused the

record.

3. Learned counsel for the petitioner/defendant would submit

that the Court below, without there being any material on record

to establish the prima facie case, passed the impugned

attachment order. The petitioner/defendant has filed an

undertaking, dated 21.06.2021, before this Court stating that

she will not alienate the subject property i.e., agricultural land

admeasuring Ac.4-00 gts. in Survey No.84/1 situated at

Jamasthanpally Revenue Village, Munugode Mandal, Nalgonda

District, to third parties and ultimately, prayed to set aside the

impugned order by allowing the revision petition.

4. On the other hand, learned counsel for the

respondent/plaintiff would submit that no prejudice would be

caused to the petitioner/defendant, if the subject property is

attached before judgment and ultimately, prayed to dismiss the

revision petition.

5. It is pertinent to state that the very object of Order

XXXVIII Rule 5 C.P.C. is to prevent the defendant from defeating

the realization of the decree that may ultimately be passed in

favour of the plaintiff. In the instant case, since the

petitioner/defendant has filed an undertaking before this Court

stating that she will not alienate or create any third party

interest over the subject property i.e., agricultural land

admeasuring Ac.4-00 gts. in Survey No.84/1 situated at

Jamasthanpally Revenue Village, Munugode Mandal, Nalgonda

District, the said undertaking will serve the purpose and

safeguard the interest of the respondent/plaintiff. Under these

circumstances, the impugned order, dated 02.02.2021, is liable

to be set aside.

6. Accordingly, the Civil Revision Petition is allowed and the

impugned order, dated 02.02.2021, passed in I.A.No.18 of 2020

in O.S.No.10 of 2020 by the Junior Civil Judge, Nalgonda, is set

aside. However, this order will not preclude the

respondent/plaintiff from taking benefits under Rythu Bandu

scheme.

Miscellaneous Petitions, if any, pending in this Civil

Revision Petition shall stand closed. No order as to costs.

______________________ Dr. SHAMEEM AKTHER, J Date: 16-07-2021.

MD