Dismissed

Atluri Siva Rama Prasad v. Koripalli Ramakrishna

Telangana HC7 Aug 2012CRP/3692/2012

Case brief

AI extract

What is this about?

The High Court in a civil revision petition regarding attachment before judgment held that the petition is dismissed at the admission stage because the petitioner failed to show interest in furnishing security despite being given opportunity, rendering prior precedents on attachment irrelevant. The court also noted that the notice may not have been served on all petitioners.

What did the court decide?

Civil Revision Petition dismissed at the stage of admission; no costs awarded; pending miscellaneous petitions closed.

Atluri Siva Rama Prasad Vs Koripalli Ramakrishna — Execution and Attachment | Telangana HC (2012)

¶1

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CIVIL REVISION PETITION No.3692 of 2012

¶2

ORDER:

¶3

The revision petitioners are the defendants in O.S.No.277 of 2012 on the file of the Court of the Principal District Judge, Visakhapatnam. The suit was filed for recovery of money of more than three crores of rupees. In I.A.No.1783 of 2012 in O.S.No.277 of 2012 filed under Order XXXVIII Rule 5 C.P.C., while ordering notice of attachment before judgment on 24.07.2012, the Court below has directed the sixth petitioner herein to furnish security within 48 hours and in the meanwhile the attachment of A and B schedule mentioned properties will be affected.

¶4

According to the claim of the petitioners, notice of attachment before judgment as ordered by the Court below is not said to have been served on them and even without receiving the notice, the revision is filed. Therefore, the fact remains that as contemplated under Order XXXVIII Rule 5 C.P.C. an opportunity was given to the sixth petitioner herein to furnish security for the consequential failure when attachment is sought to be ordered. At no point of time consequent on notice of show cause, the said petitioner had offered to furnish security and sought to defend the attachment of the property. Therefore, it is quite clear that the sixth petitioner is not interested to furnish security as directed by the Court below and only tries to delay the same. Having knowledge of notice of attachment, even after passing of sufficient time, he does not show interest in furnishing security even today. However, the petitioners are at liberty to move the Court below to file counter and to furnish security.

¶5

The learned counsel for the petitioners has relied on the decisions in Ramaswamy P. vs. Dhandayuthapani Finance, Sankari^[1] , Madikonda Venkaiah Naidu vs. Veluru Neelavenamma^[2] , M/s.Avinash Constructions vs. Mrs.P.Usha

¶6

Rao^[3] , B.Bhanu Murthy vs. P.Rama Subrahmanyam^[4] ,

¶7

N.Kailasam vs. K.Rajesh^[5] , Mandala Suryanarayana @ Babji vs. Barla Babu Rao^[6] and New India Assurance Co., Ltd., Sec’bad vs. Bhagyanagar Ventures Ltd.^[7] , which in the circumstances have no relevancy in view of the fact that the sixth petitioner is not interested in giving security after the opportunity was given.

¶8

Therefore, the Civil Revision Petition is dismissed at the stage of admission. No costs.

¶9

As a sequel to dismissal of the Civil Revision Petition, miscellaneous petitions, pending if any, shall stand closed.

¶10

N.R.L.NAGESWARA RAO, J

¶11

07^th August, 2012 GHN

¶12

[1] AIR 1986 Mad 360 [2] 1990(1) ALT 311 [3] 2004(2) A.P.L.J. 426 (HC) [4] 2009(2) A.P.L.J. 55 (SN) [5] 2009(5) L.W. 361 [6] 2010(2) ALD 417 (DB) [7] 2010(2) ALD 348 (DB)

Atluri Siva Rama Prasad v. Koripalli Ramakrishna

Case brief

What is this about?

What did the court decide?

Atluri Siva Rama Prasad v. Koripalli Ramakrishna

Case brief

What is this about?

What did the court decide?

What the court decided

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