BADDEPUDI NARASAREDDI Vs. BANDU SATYANARAYANA REDDI AND OTHERS

JUDGEMENT

(1.) The plaintiff-decree holder is the appellant in this Letters Patent Appeal. The facts leading upto the case are shortly as follows:

(2.) The appellant filed a suit O.S. No.35/52 in the Subordinate Judge's Court, Ongole against the 1st respondent for recovery of certain amount due on a promissory note. Along with the plaint, he filed I.A. No.433/52 for attachment before judgment of certain moveable (gogulu) and immoveable properties of the judgment-debtor. The 1st respondent appeared by counsel and it was represented that meanwhile, the 'gogulu' sought to be attached, were alienated to respondents 2 and 3. On 10-4-53, the appellant filed another petition I.A. No.452/52 attachment of 'gogulu' said to have been stored in the field of respondents 2 and 3 under Order 21, Rule 46 and attachment was ordered on 12-4-52. The pro-order was served on respondents 2 and 3 prohibiting them from delivering the 'gogulu' to any person whatsoever. On 18-4-52, respondents 2 and 3 filed an application I.A. No.487/52 praying for an amendment of the pro-order served on them by prohibiting them only from delivering the property to the judgment-debtor. This application was allowed on the same day. On 18-4-52, respondents 2 and 3 also filed a claim petition, I.A. No.489/52 to raise the attachment of 'gogulu' under Order 38, Rule 8 C.P.C. Along with this petition, they also filed in court a security bond for Rs. 4,000/- towards the value of 'gogulu' undertaking to pay the same to the appellant in case it was found by the court that the 'gogulu' belonged to the 1st respondent. In para 6 of that affidavit, filed in support of the claim petition, they stated that:

(3.) Respondents 2 and 3 having filed any counter to the application for attachment viz. I.A. No.452/52, the said attachment was made absolute on 26-6-1952. In the meanwhile, a commissioner was also appointed to inspect and report as to the place where the 'gogulu' were stored and whether they were removed from the possession of the judgment debtor subsequent to the filing of the suit The Commissioner filed a report on 10-4-52 stating that the 'gogulu' had been so removed.