MITTAPALLI RAJEEV Vs. VENKATARAMANA REDDY

JUDGEMENT

(1.) Assailing the order dated 20.04.2017, passed in I.A. No.553 of 2016 in O.S. No.251 of 2016 on the file of the IV Additional District Judge, Tirupati, wherein a petition filed for ordering attachment of the schedule property before judgment was rejected, the present Civil Revision Petition is filed under Article 227 of the Contitution of India.

(2.) The petitioner/plaintiff filed the above suit for recovery of an amount of Rs. 16,90,332/- with interest thereon. Pending the suit, I.A. No.553 of 2016 came to be filed seeking attachment of the schedule property ie. House bearing Door No.3-70 and 3-71 consisting of ground floor and first floor admeasuring 138.57 square yards in Sy. No.83/3 of Durgasamudram Village, Tirupati Rural Mandal, Chittoor District. The documents filed in support of the I.A. would show that the defendant borrowed a sum of Rs. 10,00,000/- on 03.01.2014 for his family necessities and executed two promissory notes each for Rs. 5,00,000/- in favour of the petitioner, promising to repay the same with interest. In spite of repeated demands, the said amount was not repaid by the defendant. Hence, a legal notice was issued on 09.01.2017, calling upon the defendant to pay the due amount under the two promissory notes. In spite of the receipt of notice, there is no reply from the defendant. It is stated that the defendant, who is the owner of schedule property, is worth about Rs. 30.00 lakhs is trying to alienate the same so as to avoid payment to the petitioner.

(3.) A counter came to be filed disputing the transaction. According to him, the two promissory notes which formed the basis for filing the suit are fake and forged. It is stated that the schedule property was already sold to third parties under agreement of sale dated 16.08.2016 and also received a consideration of Rs. 20.00 lakhs to discharge his sundry debts. He has to execute a registered sale deed after receipt of balance of Rs. 1.00 lakhs. Later on, the purchasers issued a legal notice dated 09.01.2017 to the defendant for execution of the sale deed.