LAKSHMI TRADING CO M/S. Vs. DOKKODA SATYAVANI

JUDGEMENT

(1.) THIS C.R.P. is filed against the order dated 9-12-2002 passed by the learned Ist 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 O. 38, R. 5, C.P.C. and secured an order of attachment before judgement 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.) HEARD the learned counsel for the petitioner. The respondent No. 2 is served. Though notice was sent twice to the first respondent to the same address as furnished in the suit proceedings, it was returned with an endorsement 'not known.' This Court is constrained to observe that the first respondent is trying to avoid the notice and the same is taken as having been served.