KANAKAM SRIVASTAVA RAO Vs. GANGA VENKATESWARA RAO

JUDGEMENT

(1.) This revision petition is filed by the 1st respondent before the lower Court, aggrieved by the order passed in EA No. 388 of 2001 in EA No. 147 of 201 in O.S. No. 92 of 1999, dated 6th March, 2002.

(2.) The petitioner herein filed a suit-O.S. No. 92 of 1999 on the file of the Additional Senior Civil Judge, Srikakulam for recovery of certain amount against the 2nd respondent. The petitioner also filed LA. No. 463 of 1999 under Order XXXVIII, Rule 5 of the Code of Civil Procedure for attachment of term deposits of the 2nd respondent in a sum of Rs. 62,000.00 and Rs. 15,000.00 respectively lying with the State Bank of India, Main Branch, Srikakulam. The lower Court ordered attachment on 16-12-1999 against the said deposits and also issued prohibitory orders to the Branch Manager, State Bank of India. The said order was served on the said Branch Manager on 17- 12-1999.

(3.) The facts also further show that the 1st respondent herein also filed O.S. No. 93 of 1999 on the file of the Principal Senior Civil Judge, Srikakulam. He also filed LA. No. 672 of 1999 for attachment of the term deposit of Rs. 62.000.00 belongs to the 2nd respondent and the said amount was got attached by an order dated 16-12-1999 and the said order was served on the Branch Manager on 18-12-1999. The 1st respondent in addition to the term deposit lying with the SBI also got attached a sum of Rs. 1,75,030.00 lying with the Telecom Department, according to the 1st respondent. Subsequently, both the suits were decreed, i.e., O.S. No. 92 of 1999 was decreed on 4-4-2001, which was in favour of the petitioner herein: and O.S. No. 93 of 1999 was decreed on 7-4-2001 in favour of the 1st respondent herein. Thereafter the 1st respondent filed E.A. No. 147 of 2001 for getting the attached amounts lying with the SBI, to the credit of the suit and in fact, the said amount was transmitted by the SBI to the credit of the suit. At that stage the 1st respondent herein filed E.A. No. 388 of 2001, under Section 73, Cr.P.C., praying the Executing Court to pass appropriate order for rateable distribution of the amount of Rs. 62,000.00. The executing Court after hearing both sides passed orders accepting the contention of the 1st respondent and ordered for rateable distribution of the attached amount between the two decree-holders. Aggrieved by that, the petitioner herein, who was the 1st respondent before the lower Court, has come up with the present revision.