KATARI RATNA RANI Vs. VELAGAPUDI RAMA RAO

JUDGEMENT

(1.) This appeal arises out of the order in IA No.722 of 2003 in OS No. 1386 of 2003 on the file of the Court of the II Additional Junior Civil Judge, Vijayawada.

(2.) The appellant filed the said suit in the Vacation Court as OS No.52 of 2003, seeking dissolution of a firm said to have been constituted between her, her husband and respondent-1 and 2, and for consequential reliefs, and filed a petition under Order 38 Rule 5 C.P.C. seeking attachment before judgment of the amounts payable to respondents 1 and 2 lying with respondents 3 and 4. The Vacation Court had on 19-5-2003 passed an ex parte prohibitory order, restraining respondents 3 and 4 from paying any amounts due from them to respondents 1 and 2. Thereafter, the suit was transferred to the Court of Junior Civil Judge, Vijayawada and was renumbered as O.S. 1386 of 2003 and LA. 106 of 2003 was renumbered as LA. No.722 of 2003.

(3.) After the respondents had put in their appearance and filed their counter in LA. No.722 of 2003, the Court below by the order impugned in the appeal, accepting the offer made by them to furnish a Bank Guarantee for Rs.2 lakhs, directed them to furnish Bank Guarantee for Rs.2 lakhs within a period of one week from the date of its order and held that on their furnishing Bank Guarantee, the order of attachment dated 19-5-2003 would stand raised. Aggrieved by the order accepting the Bank Guarantee for raising the attachment, plaintiff in the suit preferred this appeal.