VUTHURU HARISH KUMAR Vs. VUTHURU MALLIKARJUN

JUDGEMENT

(1.) This Civil Revision Petition is filed under Article 227 of the Constitution of India by the petitioner-defendant assailing the order dtd. 23/3/2022 in IA No.114 of 2022 in OS No.18 of 2022 on the file of the learned Principal Junior Civil Judge, Mancherial.

(2.) The application in IA No.114 of 2022 was filed under Order-38 Rule-5 of the Civil Procedure Code, 1908 (for short 'CPC') for attachment before judgment of the suit schedule property as a security towards the suit claim of Rs.45,14,340.00. This application is filed along with original suit in OS No.18 of 2022 for recovery of the said amount. In the original suit, the sole defendant has filed a written statement denying the liability and during enquiry in IA No.114 of 2022, the learned Principal Junior Civil Judge has ordered conditional attachment directing the defendant therein to furnish security equivalent to the suit amount within three days of service of notice, failing which the attachment warrants will be issued for attachment of chit amount to be paid by the respondent.

(3.) Heard the learned counsel on both sides. The submissions made on either side have received due consideration of this Court.