LAWS(APH)-2006-3-12

VENKATACHALAFINANCE TEDEPLLYGUDEMWEST GODAVARI DISTRICT Vs. DEVABHAKTANI SURYACHANDRA RAO

Decided On March 01, 2006
VENKATACHALA FINANCE, TADEPALLYGUDEM, WEST GODAVARI DISTRICT Appellant
V/S
DEVABHAKTANI SURYACHANDRA RAO Respondents

JUDGEMENT

(1.) These four civil revision petitions arise out of four applications filed by the plaintiff in O.S.No.51 of 1999 on the file of the Court of the Senior Civil Judge, Tadepalligudem.

(2.) The petitioner filed the suit against respondents 1 and 2 for recovery of a sum of Rs. 1,90,226/-. It is stated that respondents 1 and 2 borrowed a sum of Rs.2,00,000/- for the purpose of purchasing a bus bearing No.AP 37 U 5234 under a hire-purchase agreement. It is further stated that out of 36 installments, the respondents 1 and 2 paid only 12 installments, and thereafter committed default.

(3.) Along with the suit, the petitioner filed I.A. No.1372 of 1999 under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908, (for short "CPC") and got attached, an item of immovable property. Thereafter, the third respondent herein filed I.A.No.433 of 2000 for raising the attachment, and pleaded that respondents 1 and 2 have no right over the said item of the property. The interlocutory application is said to be still pending.