K MALLESH MUDIRAJ Vs. C SUDHAKAR

JUDGEMENT

(1.) Heard Sri K.Maheswara Rao, Counsel representing appellant and Sri K. Mohan, Counsel representing the respondent.

(2.) The plaintiff filed O.S. No.229 of 2006 on the file of the Court of III-Additional Senior Civil Judge, City Civil Court, Secunderabad, for refund of advance amount said to be due under an agreement of sale as against the appellant herein, who is the defendant in the said suit and he also moved an application in LA. No.673 of 2006 in O.S. No.229 of 2006 on the file of Ill-Additional Senior Civil Judge, Secunderabad, under Order 38 Rules 5 and 6 read with Section 151 of the Code of Civil Procedure, (hereinafter referred to as Code for the purpose of convenience) praying for a direction to furnish security of Rs.7,50,000/- for the value of the suit, failing which to attach Flat Nos.508 and 307 in Survey No. 106 situated at Balreddynagar, Chintal Balanagar Mandal, Ranga Reddy District. The said application was resisted by the appellant that the learned Judge recorded certain reasons and ultimately allowed the said application ordering attachment of the property in question before judgment. Aggrieved by the same, the present civil miscellaneous appeal is filed.

(3.) Sri K. Maheswara Rao, the learned Counsel representing the appellant had taken this Court through the reasons which had been recorded at Paras 6 and 7 of the impugned order and would maintain that none of the essential ingredients are satisfied while ordering attachment before judgment as discussed by the learned Judge and hence the impugned order cannot be sustained. The learned Counsel also placed reliance on certain decisions.