ANANTHULA BUCHAIRMULU Vs. SAKINALA JANAKI RAMAIAH

JUDGEMENT

(1.) Petitioner filed O.S. No. 16 of 2002 in the Court of Senior Civil Judge, Suryapet, against the respondent herein, for recovery of a sum of Rs.6,85,042.00. He has also filed LA. No. 105 of 2002 under Order 38, Rule 5 CPC, for attaching the property indicated therein before judgment, alleging that the respondent is likely to dispose of the same to defeat the right of the petitioner under the decree that may be passed in the suit. The Trial Court rejected the I.A., through its orders dated 4-9-2002. Hence, this CRP.

(2.) The petitioner contends that the respondent had 10% share in M/s. Ramalingeshwara Picture Palace, and he owes an amount of Rs.6,85,042.00. In addition to pleading that the respondent is likely to dispose of the property, he filed an affidavit of the 3rd party also. Petitioner contends that unless the property referred to above is attached before judgment, the very decree may become futile.

(3.) This Court ordered notice to the respondent. The notice was served upon the Counsel for the respondent in the Trial Court, and proof of service was filed into this Court through U.S.R.No.54 of 2004 on 8-1-2004. There is no response from the respondent. Hence, the matter needs to be proceeded on the basis of the material available on record.