LAKSHMI TRADING COMPANY SAMALKOT Vs. DOKKODA SATYAVANI

JUDGEMENT

(1.) This C.R.P. is filed against the order dated 9-12-2002 passed by the learned 1st Additional Senior Civil Judge, Kakinada in I.A. No. 1067 of 2002 in I.A. No.2124 of 1988 in O.S. No.168 of 1988.

(2.) The second respondent herein filed O.S. No.168 of 1988 for recovery of certain amount against one K. Dhanraju and others. He filed I.A.No.1380 of 1988 under Order XXXVIII Rule 5 CPC and secured an order of attachment before judgment against a fishing boat. The petitioner herein filed I.A.No.2124 of 1988 with a prayer to raise the attachment alleging that the boat was hypothecated to them. It was also pleaded that the petitioner has filed O.S. No.45 of 1990 against K. Dhanraju for recovery of the amount.

(3.) The enquiry into the I.A. No.2124 of 1988 and trial of O.S. No.168 of 1988 were pending. I.A. No. 192 of 2001 was filed in that suit with a prayer to club I.A. No.2124 of 1988 with O.S. No.45 of 1990, obviously because they were pending in the same Court. At a later stage, on behalf of the first respondent, who is the defendant No.7 in O.S. No.168 of 1988, an application, being I.A. No. 1067 of 2002 was filed with a prayer to separate the claim petition in I.A. No.2124 of 1988 in O.S. No.168 of 1988 from O.S. No.45 of 1990. The LA. was resisted by the petitioner herein and a detailed counter-affidavit was filed. The trial Court passed an elaborate order dated 9-12-2002 allowing the LA. Hence, this revision.