B VENKATADRI REDDY Vs. P A VANAJAKSHI

JUDGEMENT

(1.) a short but interesting question, namely, whether an application under Rule 58 of order xxi c.p.c., can be entertained, even before the actual attachment is effected, falls for consideration in this appeal.

(2.) the facts in brief that lead to filing of this appeal, are as under: the appellant filed o.s. No.191 of 1996, against the second respondent, in the court of senior civil judge, madanapalle, for recovery of certain amount. The suit was decreed for a sum of rs.1,03,000/-, on 30.12.1999, and the decree became final. The appellant filed e.p.72 of 2000. He sought for attachment of certain movables, said to be owned, by the second respondent, in premises bearing door number 13/293-2 in Sri lodge building at bangalore bus stand of madanapalle town. Through order, dated 11.12.2000, the trial court directed attachment of the movables. The amin of the court proceeded to the said premises twice, but could not effect attachment, on account of the fact that, the premises was locked, and resistance was offered by the first respondent.

(3.) subsequently, the first respondent filed an application under Rule 58 of order xxi c.p.c., to raise the attachment. She pleaded that the shop as well as the various articles therein, exclusively belongs to her, and the second respondent, her husband, has nothing to do with the same. The appellant resisted the application on various grounds, through the order under appeal, the e.a. was allowed.