1980 Supreme(AP) 345

Andhra Pradesh High Court
Judges : V.MADHAVA RAO
K. PRASADA RAO - Appellant
Versus
K. Lakahmi Kantamma - Respondent
C.R.P. No. 6957/79.
Decided On : 12-23-80
.

Headnote:Civil Procedure Code, O 21 R-58-Suit for recovery of money-Preliminary and final decree passed in the suit-Charge created on plaint properties-Later sale of suit schedule properties claim petition filed by the sons of the Judgment debtor to release two items in the scheduled properties on the ground that they have a share in those properties-Petition not maintainable

       HELD: In the instant case there is no attachment but a charge was created and final decree passed for sale of the property, as the money was not deposited Therefore, the claim petition filed under order 21, Rule 58 CPC is not maintainable as there is no attachment envisaged by order 21, R-58 CPC

       CRP DISMISSED