SURYANARAYANA T Vs. P CHIRANJEEVI

JUDGEMENT

(1.) The petitioner-plaintiff had filed a suit (O.S. No.574of 1990) on the file of the I Additional District Munsif, Rajahmundry. He has also filed I.A.No.890 of 1990 for attachment of the immovable properties belonging to the respondents, shown as Item No.1 in the schedule attached to the petition. During the course of arguments, the respondents filed counters stating that they would not alienate the petition schedule properties till the disposal of the suit. The undertakings given by them were recorded by the Court in the following terms:-

(2.) Now the petitioner alleges that contrary to the undertaking, the respondent alienated three shop rooms out of 5 rooms, to 3rd parties. Therefore, they have violated the undertaking given by them and that they are liable to be punished under Order 39 Rule 2-A of the Code of Civil Procedure.

(3.) The Lower Court considered the rival contentions and dismissed the petition on the ground that the order dated 4-9-1990 does not speak that the affidavit filed by the respondents undertaking not to alienate the suit schedule property till the disposal of the suit is recorded and, therefore,he is not inclined to accept the case of the petitioner.