K.R. Venugopal v. M/s. Taha Construction
Case brief
What is this about?
The court disposed of a civil miscellaneous appeal challenging an interim order of attachment before judgment filed in a suit for specific performance or refund. The court suspended the attachment and restrained the appellant from alienating the property until the trial court decides the interlocutory application on merits.
What did the court decide?
Order of attachment suspended; appellant restrained from alienating property pending trial court's order on merits.
What the court decided
HONOURABLE SRI JUSTICE L. NARASIMHA REDDY
AND
HONOURABLE SRI JUSTICE S.V. BHATT
CIVIL MISCELLANEOUS APPEAL No.416 OF 2013
JUDGMENT:
Respondent filed O.S. No.273 of 2013 in the Court of II Additional Chief Judge, City Civil Court, Hyderabad, for the relief of specific performance of a development agreement or in the alternative for refund of about Rs.25.00 lakhs said to have been advanced by it under the arrangement. It has also filed I.A. No.867 of 2013 under Rule – 5 of Order – XXXVIII of the Code of Civil Procedure, 1908 (for short “CPC”) with a prayer to attach the petition schedule property before judgment.
2. The trial Court passed an ad-interim order of attachment before judgment on 16-04-2013 requiring the appellant to furnish security for a sum of Rs.25.00 lakhs and directed that in default, the attachment shall come into force. The appellant challenged the said order.
3. Heard Sri Ramanand Chavali, learned counsel for the appellant.
4. The suit is filed by the respondent for the relief of specific performance of a development agreement or in the alternative to recover the amount specified therein. It is obviously in relation to the second relief, the application under Rule – 5 of Order – XXXVIII of CPC was filed.
Issues for consideration
2 issues framed by the court
Whether an interlocutory application for attachment before judgment can be heard ex parte when the applicant only expressed apprehension without substantive harm.
Whether the trial court's order directing attachment before judgment can be suspended pending disposal of the interim application.
Parties & counsel
- appellant
Appellant
- respondent
Respondent
Coram
L. Narasimha Reddy
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · April
- Registered
- Case no.
- CMA/416/2013
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