SUSHEELA B JAIN Vs. BHAWARLAL JAIN

JUDGEMENT

(1.) THESE two revision petitions are filed by the petitioner directed against the order dated 13-8-2002 passed on LA. Nos. 8 and 9 in O. S. No. 46/98 on the file of the Civil Judge, (Sr. Dn), JMFC, Hospet.

(2.) THE respondent herein filed O. S. No. 46 of 1998 against the husband of the petitioner for recovery of certain amount and made an application for attachment of schedule property on the ground that schedule properties are being sold to defeat the fruits of decree that may be obtained by the plaintiff. In the said suit, the respondent plaintiff herein produced certain documents which clearly indicated that the schedule property item No. l did not belong to the petitioner herein. Inspite of this material, the trial Court without following the due process of law prescribed under the Code of Civil procedure, passed an order of attachment dated 26-9-1998, of the schedule property item No. 1 along with another, shown by the respondent-plaintiff herein.

(3.) ON coming to know of such order, an application was made by the petitioner for raising the attachment. The said application was rejected and C. R. P. 2993 of 1998 was filed by the petitioner herein which was disposed of by this Court in January 1999, with an observation that the petitioner can move the trial Court for raising of attachment for reasons and on grounds urged before it.