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NINALA JAYASURYA
Abburi Vara Prasad – Appellant
Versus
Padala Satyanarayana Reddy – Respondent
ORDER :
The present Revision Petition has been preferred aggrieved by the Orders dated 28.10.2021 in I.A.No.117 of 2021 in O.S.No.198 of 2021 on the file of the Court of the VI Additional Senior Civil Judge, Visakhapatnam, Visakhapatnam District.
2. Heard Mr.Venkateswara Rao Gudapati, learned counsel for the petitioner and Mr.T.D.Phani Kumar, learned counsel for the respondents.
3. The petitioner herein is the defendant in the above referred suit filed by the respondents/plaintiffs seeking recovery of an amount of Rs.43,91,880/- from him. In the said suit, the respondents/plaintiffs filed an application in I.A.No.117 of 2021 under Order XXXVIII, Rule 5 of the Code of Civil Procedure (hereinafter called as “CPC”) seeking a direction to the petitioner/defendant to furnish security for the suit amount within the time fixed by the Court, failing which to order conditional attachment of the petition schedule property before Judgment. The petitioner/defendant resisted the said application by filing a detailed counter. The learned Trial Judge after referring to the contentions advanced on behalf of the respective parties and after noting that the direction of the Court dated 07.07.2021 to th
Conditional attachment Order -An order dismissing an application under O.38, Rule 5 is not appealable - Matter squarely falls under Order XXXVIII, Rule 6 of CPC and the Order of the Trial Court is ap....
An order making an interim attachment absolute under Order XXXVIII, Rule 5 of CPC is appealable.
Satisfaction of the Court is a pre-requisite for grant of conditional attachment under Order XXXVIII, Rule 5 of CPC. Failure to comply with the requirements of Order XXXVIII, Rule 5 of CPC renders th....
An appeal against an order dismissing an application for attachment is not maintainable if no attachment order was issued.
The court reinforced the necessity of security for claims under Order XXXVIII Rule 5, affirming that a defendant's denial of the plaintiff's claim justified the attachment to protect the plaintiff's ....
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