JAI PRAKASH TALKIES KAVALI Vs. LAKSHMI TALKIES VIJAYAWADA

JUDGEMENT

(1.) This, appeal is filed against the judgment of Justice Munikanniah in C.M.A. No. 249 of 1961, directing that the amount attached will remain in deposit till A.A.O. No. 259 of 1962 was finally decided.

(2.) The facts giving rise to this appeal are briefly these : The appellant obtained a decree against the respondent in O.S. No. 16 of 1954 on the file of the Court of the Subordinate Judge, Kavali, for a sum of Rs. 20,000. He took out execution of this decree and attached a sum of Rs. 20,000 which the respondent deposited in the Sub-Court, Vijayawada, to the credit of O.S. No. 203 of 1950. The respondent made this deposit in part satisfaction of a compromise decree passed against him in the abovementioned suit. As this amount did not fully satisfy the decree, the decree-holder refused to take this amount contending that the deposit of a sum much smaller than that stipulated was in breach of the terms of'the compromise. When the attachment of this amount was made by the appellant under Order 21, rule 52, the respondent-judgment-debtor raised an objection that the money in deposit could not form the subject of attachment as it was not his. This objection was overruled by the executing Court in the view that Order 21, rule 58 did not enable the judgment-debtor to resist the attachment on the plea that he was not the owner thereof. In the result, the attachment was not vacated.

(3.) The aggrieved judgment-debtor carried an appeal to this Court in C.M.A. No. 249 of 1961. Justice Munikanniah while dismissing the appeal said that the attached amount will remain in Court deposit till A.A.O.'No. 259 of 1962 was finally decided and " will be operative in case these appellants do not succeed in this Court in A.A.O. No. 259 of 1962". It is this direction that is impugned in this appeal.