GATHULA KRISHNA Vs. SOORAMPUDI SATYANARAYANA

JUDGEMENT

(1.) The petitioner filed OS No. 1142 of 2000 in the Court of I Additional Junior Civil Judge, Kakinada, against the respondent, for recovery of certain amount. He obtained attachment before judgment, under Order 38 Rule 5 CPC against a vehicle bearing No.AIP-774. The suit was decreed, and after the decree became final, he filed EP No.603 of 2003, for enforcement of the same.

(2.) On the basis of a warrant issued by the Executing Court, the Amin sought to attach the vehicle. However, it was found to be in possession of one Mr. Shaik Bajani. He is said to have raised an objection, stating that he purchased the vehicle from M/s. Padma Finance Company, Kakinada, and that he was also issued R.C. Book, by the authorities of the Transport Department.

(3.) The petitioner filed EA No.3050 of 2003, with a prayer to re-entrust the warrant to Amin, to attach the schedule property. Through its order dated 8.12.2003, the Executing Court dismissed the E.A. Hence, this revision.