J BALAKRISHNA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) The plaintiff-first respondent-Bank instituted a suit against the second respondent herein in OS No.164 of 1991 in the Court of the Additional Subordinate Judge, Tirupathi for recovery of certain amounts. During the pendency of the suit, two applications were filed by the plaintiff-1st respondent herein bearing 1A Nos.944 and 945 of 1991.

(2.) IA No.944 of 1991 was filed by the plaintiff-Bank under Order 38, Rule 5 of CPC for attachment of schedule mentioned immovable properties of the respondent Nos.2 to 21 herein. The learned Judge by an order dated 16-2-1994 made interim attachment absolute which was granted on 2-8-1991. Aggrieved by the aforesaid order, CRPNo.2097 of 1994 has been filed.

(3.) The plaintiff-1st respondent herein filed IA No,945 of 1991 in the same suit with a prayer to issue prohibitory order attaching the amounts due to the defendant second respondent herein in the hands of the respondents 2 to 21 preventing them from making the payment and to direct them to deposit the amount into Court to the credit of the suit. The learned Judge by an order dated 16-2-1994 made the order dated 24-7-1991 absolute. Aggrieved by the said order, the 18th respondent-petitioner herein has filed CRP No.2098 of 1994.