LANKA SURYAPRAKASH RAO Vs. GADIGATLA VENKARAMANNA CHOWDARY

JUDGEMENT

(1.) This Civil Revision Petition was posted before the Bench in view of the reference made by Sri G. Rama-nujulu Naidu, J. 1 A. The facts which have given rise to this Civil Revision Petition are as under: The 2nd respondent herein filed O.S. No. 57/83, Sub-Court, Tanuku, a suit for partition as against his father, who is R-1 herein. That suit ended in a compromise. A decree for Rs. 3,513.00towards decree costs was passed in favour of R-1 herein as against R-2 in the said suit. R-1 herein filed E.P. No. 54/85 on 9-10-85 for execution of the said decree. He prayed for attachment of the immoveable properties and for sale of the same. The attachment was effected on 11-10-1985. R-2 herein raised some objections in the said execution petition. But he deposited the decretal amount of Rs. 3,513.00 on 16-10-85 without prejudice to his contentions. On 28-10-85 R-l herein filed E. A. No. 282/85 praying for issual of a cheque for the said amount. On 9-12-1985 the learned Subordinate Judge passed the following order in the said E.A. No. 282/85: "No further arguments advanced. The matters that took place before the decree can be probed at appropriate time. Now since the decree is on record the petitioner is entitled to the amount. Hence I allow the application on condition that the petitioner furnishes the third party security. For furnishing third party security -- 16-12-85". R-1 herein get the security bond filed on 18-12-1985 and on 30-12-85 objections to security bond were filed.

(2.) The revision petitioners herein filed O.S. No. 431 / 84 on the file of the court of the District Munsif, Tanuku against R-2 herein for recovery of some amount. That suit was decreed on 14-3-85. They filed E. P. No. 201/85 on 27-12-85 under 0.21, Rule 52 C.P.C. praying for attachment of the amount of Rs. 3,513.00 deposited by R-2 herein in E.P. 54/85 in O.S. No. 57/83, Sub-Court, Tanuku that attachment was effected on 3-1-86.

(3.) After the security bond was accepted R-1 herein prayed for issual of a cheque in pursuance of the order D/-9-12-85 in E.A. No. 282/85. In view of the attachment which was effected in pursuance of the notice issued in E.P. No. 201/85 the learned Subordinate Judge observed on 3-4-86 that it would be considered after issual of the notice to the revision petitioners herein. After notice was given to them they filed E.A. No. 183/87 in E.P. 54/85 praying for issual of a cheque for Rs. 3,513.00 i.e. the amount attached, in their favour or in the alternative it was prayed that the same should be distributed amongst them and R-1 herein by way of ratable. On 21-7-87 the learned Subordinate Judge dismissed E.A. No. 183/87 and ordered issual of a cheque. This civil revision petition was directed against the orders in E.A. Nos. 282/ 85, 183/87, 170/86 and 171/86.