NARESH CHANDRA MAHESHWARI Vs. MOHD WASI

JUDGEMENT

(1.) The grievance of the petitioner is that he had filed a suit for recovery of certain amount. The suit was proceeded with. However, an application under Order XXXVIII, Rule 5 of the CPC was filed praying therein that the respondents are going to sell the property and, therefore, to protect the amount, some security should be asked for from the respondents or the guarantor should be called in order to satisfy the decree if at all passed later in favour of the petitioner.

(2.) Against the aforesaid order of attachment the respondent No. 2, who is the subsequent purchaser of the property, filed revision before the revisional Court and the revisional Court has stayed the order of attachment.

(3.) Learned Counsel for the petitioner submits that the subsequent purchaser has no right to file revision and further the stay of the order of attachment would mean that the respondents would be free to further sell of property thereby the decree, if any, passed could never be satisfied. The aforesaid objection was not considered by the Court below and has granted complete freedom to the respondents to further sell the suit property.