Dyarangula Anjaneyulu vs Yeluka Beechupally
2021 Latest Caselaw 2576 Tel

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        THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

            CIVIL REVISION PETITION No.889 OF 2021

ORDER:

1 This Civil Revision Petition, under Article 227 of the

Constitution of India, is filed impugning the order dated

30.04.2021 passed in I.A.No.43 of 2021 in O.S.No.20 of 2021 on

the file of the Court of the Junior Civil Judge, Kollapur, wherein

and whereby the petition filed by the revision petitioner under

Order 38 Rule 5 CPC praying to attach a house bearing

D.No.G.P.No.8-27 situated in the limits of Koppunoor village of

Chinnambavi Mandal, Wanaparthy belonging to the respondent /

defendant, was dismissed.

2 The facts that led to the filing of the present Civil Revision

Petition, succinctly, are as follows:

3 The petitioner filed the above suit against the respondent on

the foot of a promissory note. The respondent is trying to alienate

the above stated suit schedule house property in order to delay the

execution of the decree to be passed against him. In the event the

petitioner succeeds in the suit, it is not possible for the petitioner

to realize the decretal amount. Hence the above petition.

4 The respondent filed counter denying the exclusive

ownership of the respondent as his bothers are also having equal

undivided share in the aforesaid property. The petitioner failed to

prove the individual title of the respondent over the property.

5 The trial Court by relying on the judgment of High Court of

Calcutta in a case between Premraj Mundra V. Md. Manech Gazi

reported in AIR 1951 Cal 156, dismissed the petition. Hence the

present Civil Revision Petition.

6 However, the object and purport of the provision of law

under Order 38 Rule 5 is to direct the defendant to furnish surety

for the suit claim of the plaintiff till the disposal of the suit. The

learned counsel for the petitioner submitted that the defendant

obtained loan on the promissory note upon which the suit was

filed.

7 In that view of the matter, the Civil Revision Petition is

allowed setting aside the order dated 30.04.2021 passed in

I.A.No.43 of 2021 in O.S.No.20 of 2021 on the file of the Court of

the Junior Civil Judge, Kollapur. However, there shall be a

direction to the defendant not to alienate the property or change

the nature of the property or create any third party interest

thereon pending disposal of the suit. The trial Court shall expedite

the disposal of the suit at the earliest. No order as to costs.

Miscellaneous petitions, if any, pending in this Civil Revision

Petition shall stand closed.

__________________________ T. AMARNATH GOUD, J.

Date: 13.9.2021 Kvsn