GURAM SEETHARAM REDDY Vs. GUNTI YASHODA

JUDGEMENT

(1.) A Division Bench of this Court expressed the view that the judgment in B. Nookaraju v. M.S.N. Charities, needs reconsideration. It related to the interpretation of Clause (4) of Rule 58 of Order 21 C.P.C. The question was framed as under:

(2.) On a reference having been made, the matter is heard by this Full Bench. The facts, which gave rise to the filing of the C.R.P., may briefly be stated as under.

(3.) Petitioner filed O.S. No.1 of 1998 against the 2nd respondent in the Court of Junior Civil Judge, Huzurnagar, for recovery of certain amount. He obtained an order of attachment before judgment, dt.21-1-1998, by filing an application under Order 38 Rule 5 C.P.C. The suit was decreed for a sum of Rs.68,900/-. In E.P. No.60 of 1999 filed by the petitioner, an application under Rule 58 of Order 21 C.P.C. was filed by the 1 st respondent, objecting to the attachment of the suit schedule property. She is the daughter of the sole defendant i.e., the 2nd respondent herein. She pleaded that the property in question was gifted to her at the time of the marriage, and that she is in possession and enjoyment of the same. The claim put forward by the 1st respondent was accepted by the executing Court through order dated 30-3-2001, and the attachment against the property in question was raised.