BADDEPUDI NARASAREDDI Vs. DANDU SATYANARAYANA REDDI

JUDGEMENT

(1.) The plaintiff-decreeholder is the appellant in this Letters Patent Appeal. The facts leading upto the case are shortly as follows :- The appellant filed a suit, O.S. No. 35 of 1952 in the Subordinate Judge's Court Ongole, against the first respondent for recovery of certain amount due on a promissory note. Along with the plaint, he filed I.A. No. 433 of 1952 for attachment before judgment of certain moveable (gogulu) and immoveable properties of the judgment-debtor. The first respondent appeared by counsel and it was represented that meanwhile 'gogulu' sought to be attached, were alienated to respondents 2 and 3. On 10th April, 1952 the appellant filed another petition I.A. 452 of 1952 for attachment of ' gogulu ' said to have been stored in the field of respondents 2 and 3 under Order 21, rule 46, and attachment was ordered on 12th April, 1952.

(2.) The prohibitory order was served on respondents 2 and 3 prohibiting them from delivering the 'gogulu' to any person whatsoever. On 18th April, 1952, respondents 2 and 3 filed an application I.A. 487 of 1952 praying for an amendment of the prohibitory order served on them by prohibiting them only from delivering the property to the judgment-debtor. This application was allowed on the same day. On 18th April, 1952, respondents 2 and 3 also filed a claim petition, I.A. 489 of 1952 to raise the attachment of' gogulu ' under Order 38, rule 8, Civil Procedure Code. Along with this petition, they also filed in Court a security bond for Rs. 4,000 towards the value of' gogulu ' undertaking to pay the same to the appellant in case it was found by the Court that the ' gogulu ' belonged to the first respondent. In para. 6 of the affidavit filed in support of the claim petition, they stated :

(3.) In the meanwhile, a Commissioner was also appointed to inspect and report as to the place where the ' gogulu ' were stored and whether they were removed from the possession of the judgment-debtor subsequent to the filing of the suit. The Commissioner filed a report on 10th April, 1952 stating that the ' gogulu ' had been so removed.