Petitioner sought revision regarding an attachment order passed without prior notice in a civil suit. The Court held the grievance could be addressed directly to the lower court and disposed of the revision petition accordingly.
Revision petition disposed of. No costs.
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THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. NO. 5094 of 2012
Date of Judgment: 15.10.2012
Between:
Bolli Bixapathi
…Petitioner
and
Sangisetti Ramadevi and another
..Respondents
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
C.R.P. NO. 5094 of 2012
ORDER:
Heard learned counsel for petitioner.
The petitioner who is the defendant in OS No. 261 of 2011 on the file of the Senior Civil Judge, Miryalguda is aggrieved by the order of attachment passed against him in IA No. 202 of 2012 in OS No. 261 of 2011, dated 4.9.23012.
The learned counsel for the petitioner primarily contends that no notice was issued to the petitioner/defendant before passing of the said order and in fact, notice of the said IA was issued on 4.9.2012
intimating the date of hearing as 24.9.2012, but before that date i.e. on 4.9.2012 itself the impugned order was passed. The petitioner admittedly appeared before the court below on 24.9.20912 and the learned counsel for the petitioner states that the petitioner is represented by a counsel before that court below. If the petitioner has already appeared before the court below, it is always open for the petitioner to file an appropriate application requesting the court below to recall the order in IA No. 202 of 2012, as, according to the petitioner, neither he has notice of the passing of the said order nor he was heard before the said order was passed. Since the petitioner’s grievance would be redressed by approaching the court below for the aforesaid relief, it is not necessary to entertain this revision petition.
Hence with the liberty as stated above, the revision petition is disposed of. No costs.
_________________________ VILAS V. AFZULPURKAR, J
Dt. 15.10.2012 KR
Bolli Bixapathi
Sangisetti Ramadevi
Another
Vilas V. Afzulpurkar
As recorded by the court registry
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