SATHISH H. K. Vs. MALLESH K. S.

JUDGEMENT

(1.) This petition is directed against the impugned order dtd. 21/4/2023 passed in O.S.No.41/2023 by the Principal Senior Civil Judge and CJM, Chikkamagaluru (for short, 'the trial Court') whereby, the application (I.A.No.1) filed by the petitioner-plaintiff under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 seeking attachment of the application schedule property was dismissed by the trial Court.

(2.) Heard learned counsel for the parties and perused the material on record.

(3.) The material on record discloses that the petitioner-plaintiff instituted the suit against the respondents-defendants for recovery of a sum of Rs.33,91,200.00 together with interest and other reliefs. The said suit is being contested by the respondents-defendants. Along with the suit, the petitioner-plaintiff filed the aforesaid application (I.A.No.1) seeking attachment of the application schedule property on the ground that the same was essential for the purpose of securing the interest of the petitioner-plaintiff and to enable him to realize the fruits of the decree to be passed in his favour. The said application having been opposed by the respondents-defendants, the trial Court proceeded to pass the impugned order rejecting the application (I.A.No.1), aggrieved by which, the petitioner is before this Court by way of the present petition.