Laveti Naresh vs. Kella Venkata Ramana
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Subba Reddy Satti
Listed On:
23 Jan 2023
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Order Text
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.125 of 2023
Between:
Nekkanti Venkateswara Rao, S/o Venkata Narayana, Aged about 57 years, Occ: Cultivation, R/o Bhyravapatnam Village, Mandavalli Mandal, Kaikaluru, Krishna District.
… Petitioner/Plaintiff
And
Bolla Parvathi Devi, W/o Durga Prasad, Aged about 67 years, Housewife, R/o D.No.4-141, Tatipaka Village, Razole Mandal, East Godavari District.
… Respondent/Defendant
| Counsel for the petitioner | : | Sri K.V.Aditya Chowdary |
|---|---|---|
| Counsel for respondent | : | -- |
ORDER:
Plaintiff in suit O.S.No.130 of 2020 filed the present revision against the order dated 29.12.2022 in I.A.No.475 of 2022 in O.S.No.130 of 2020 on the file of the Junior Civil Judge, Kaikaluru.
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Plaintiff filed suit O.S.No.130 of 2020 seeking recovery of amount on the strength of promissory note. Along with the plaint, plaintiff also filed I.A.No.110 of 2020 under Order XXXVIII Rule 5 of CPC seeking attachment of the petition schedule property.
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By docket order dated 14.07.2020, trial Court while issuing notice directed the defendant to furnish security for the suit amount within 48 hours, failing which, the petition schedule property be attached conditionally and adjourned the matter to 24.09.2020. The said application is coming for enquiry.
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Defendant filed I.A.No.475 of 2022 under Order XXXVIII Rule 9 of CPC to permit her to deposit the security amount and costs of attachment and prayed to raise the attachment.
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Respondent filed counter and opposed the application.
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By order dated 29.12.2022, trial Court allowed I.A.No.475 of 2022 and directed the defendant to deposit the security amount of Rs.17,34,022/- apart from costs of attachment in I.A.No.110 of 2020 and on such deposit, the attachment made in I.A.No.110 of 2020 will be withdrawn.
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Aggrieved by the same, present revision petition is filed.
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Heard learned counsel for the revision petitioner.
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Learned counsel for the petitioner would contend that the trial Court ought to have directed the defendant to pay attachment costs also. However, the order is not clear in that aspect. Learned counsel would also contend that the defendant intends to alienate the schedule property and if the defendant alienates the schedule property, the purpose of attachment will be defeated.
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Plaintiff filed the suit for recovery of amount and also filed I.A.No.110 of 2020 seeking attachment. Trial Court, as observed supra, directed the defendant to furnish security and failure of the defendant to furnish security, the property be attached conditionally. Since the property attached, defendant filed application under Order XXXVIII Rule 9 of CPC seeking permission to deposit the security amount and costs of the attachment. In fact, a perusal of the order of the trial Court would indicate that the trial Court observed as follows:
"In the result, the petition is allowed and the petitioner is permitted to deposit the security amount of Rs.17,34,022/-, apart from costs of attachment in
I.A.No.110 of 2020 and on deposit, the attachment made in I.A.No.110 of 2020 will be withdrawn".
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The order of the trial Court is in consonance of Order XXXVIII Rule 9 of CPC. Trial Court, in fact, directed the defendant to furnish security amount apart from attachment costs. This Court does not find any illegality in the order passed by the trial Court. Hence, present revision is liable to be dismissed.
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Accordingly, the Civil Revision Petition is dismissed. No order as to costs.
As a sequel, all the pending miscellaneous applications shall stand closed.
_________________________ SUBBA REDDY SATTI, J
Date : 23.01.2023 KA
5 SRS,J CRP No.125/2023, dt.23.01.2023
131
HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
CIVIL REVISION PETITION No.125 of 2023
Date :23.01.2023 KA