This Court disposed of the civil revision petition by directing petitioners to approach the trial court to vacate the interim ex parte order challenging garnishee attachment instead of entertaining the revision.
Petitioners entitled to approach trial court to vacate interim order; liberty granted to file appropriate application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’ BLE SRI JUSTICE M.SEETHARAMA MURTI
CIVIL REVISION PETITION No. 3225 of 2017
ORDER:
This Civil Revision Petition, under Article 227 of the Constitution of India, by the petitioners/ respondents 1 and 2 is directed against the order, dated 28.04.2017, of the learned XII Additional Chief Judge, City Civil Court, at Secunderabad, passed in I.A.no.526 of 2017 in O.S.No.22 of 2017.
2 . I have heard the submissions of Sri K.Krishnavijay Azad , learned counsel appearing for the petitioner, and of the learned counsel appearing for the respondents. I have perused the material record.
3 . The petitioners have come up with this revision before this Court challenging the ex parte order passed in the above said interlocutory application prohibiting the garnishee from distributing or releasing the amount stated in the order and further directing the garnishee to deduct and send the amount aggregating to a sum of Rs.50 lakhs to the credit of the aforesaid suit. Though several grounds are urged in this revision and the impugned order is also challenged on the ground that the mandatory requirements of Order XXXVIII Rule 5 of the Code are not satisfied, this Court is of the considered view that instead of entertaining the revision petition, it would be appropriate to direct the petitioners to approach the trial Court and move an appropriate application as envisaged under law for vacating the interim order and/ or raising the attachment.
4 . The Civil Revision Petition is accordingly disposed of permitting the petitioners to approach the trial Court and make a request to the trial Court to dispose of, on merits, the present interlocutory application [I.A.no.526 of 2017] along with the interlocutory application seeking to vacate the interim ex parte order, which the petitioners may file as now undertaken. It is needless to
2 MSRM, J C.R.P.No.3225 of 2017
mention that upon the petitioners filing such an application as per the liberty now sought for and granted to them, the trial Court shall hear the said interlocutory application, which the petitioners herein may file seeking to vacate the interim ex parte order and also the interlocutory application in I.A.no.526 of 2017 in O.S.No.22 of 2017 and dispose of the same together, as expeditiously as possible and preferably before 30.08.2017, however in strict accordance with the procedure established by law.
Miscellaneous petitions pending, if any, in this Revision shall stand closed.
_____________________ M.SEETHARAMA MURTI, J 04.08.2017 Note: Issue CC by 07.08.2017 (B/ o) RAR
Petitioners/ Respondents 1 and 2
M.Seetharama Murti
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
