YADAVA KAMALA BAI Vs. BIJJAM VENKATA SUBBAMMA

JUDGEMENT

(1.) The Petitioner filed O.S. No. 350 of 2002 in the Court of Principal Junior Civil Judge, Proddatur, against the 1st Respondent for recovery of a sum of about Rs. 87,000/-. She filed I.A. No. 1033 of 2002, under Order XXXVIII Rule 5 Code of Civil Procedure, and got attached before judgment, an item of immovable property, viz., a house. The suit was decreed ex parte, on 02-09-2008.

(2.) When the suit was pending, the attached property was brought to sale by the State Bank of India, from whom the 1st Respondent is said to have obtained loan by mortgaging the property. After adjusting the loan amount, the Bank kept with it, a sum of about Rs. 1,00,000/-.

(3.) The 2nd Respondent filed O.S. No. 27 of 2007 in the Court of Senior Civil Judge, Proddatur, against the 1st Respondent for recovery of amount. He filed I.A. No. 102 of 2007, under Order XXXVIII Rule 5 Code of Civil Procedure, for attachment of the amount with the State Bank of India, and an order of attachment was passed. The Petitioner filed I.A. No. 420 of 2007, under Rule 8 of Order XXXVIII Code of Civil Procedure, with a prayer to raise the attachment. Through its order dated 01-09-2008, the trial Court dismissed the I.A. Hence, this Civil Revision Petition.