Civil Revision Petition challenging a conditional attachment order in an underlying suit that was settled before the impugned order date; the High Court dismissed the revision citing no surviving cause for adjudication.
The civil revision petition challenging the conditional attachment order was dismissed.
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HON’BLE SRI JUSTICE A. GOPAL REDDY
CIVIL REVISION PETITION No.640 OF 2011
DATE:23-02-2011
BETWEEN
Cherukumalli China Bhadraiah …Petitioner AND Kothapally Venkataramana …Respondent
THIS COURT MADE THE FOLLOWING:
HON’BLE SRI JUSTICE A. GOPAL REDDY
CIVIL REVISION PETITION No.640 OF 2011
ORDER:
This revision under Article 227 of Constitution of India is directed by the plaintiff against the orders of the Senior Civil Judge, Nandigama, dated 20.7.2010 passed in I.A.No.193 of 2010 in O.S.No.63 of 2010 making the conditional attachment and issuing notice to the respondent.
As per the information received from the trial Court, the suit itself was disposed of as settled out of Court on 24.9.2010. Therefore, no further cause survives for adjudication in this revision.
The revision is accordingly dismissed. No order as to costs.
_______________ A. GOPAL REDDY, J.
FEBRUARY 23, 2011 Tsr.
2 issues framed by the court
Whether the civil revision under Article 227 (part of the Civil Code of Civil Procedure) should be dismissed when the underlying suit is disposed of by settlement before the impugned order date?
Whether the conditional attachment order passed in an already settled suit warrants intervention by the High Court during the revision stage?
1 provisions across 1 enactments
Cherukumalli China Bhadraiah
Kothapally Venkataramana
A. GOBAL REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
