ORDER :

This civil revision petition, under Article 227 of the Constitution of India, is filed aggrieved of the order, dated 22.11.2017, passed in O.S.No.36 of 2011 on the file of the Court of X Additional District & Sessions Judge, Krishna, at Machilipatnam.

2. Heard Sri Sai Gangadhar Chamarty, learned counsel for the revision petitioner/plaintiff and Sri M. Radha Krishna, learned counsel the respondents/defendants.

3. The facts, in brief, are that the plaintiff filed a suit for cancellation of registered non-possessory agreement of sale-cum-general power of attorney, dated 10.12.2019, executed by defendants 1 and 2 in favour of 3rd defendant alleging fraud and collusion. The plaintiff filed a suit in O.S.No.52 of 2009 on the file of the Court of Principal District Judge, Machilipatnam, against the 1st defendant for recovery of amount due under the promissory note, dated 30.06.2008, executed by the 1st defendant. As the 1st defendant failed to discharge the same, the plaintiff filed I.A.No.342 of 2009 in O.S.No.52 of 2009 seeking attachment of the schedule property before judgment. In spite of giving an undertaking not to alienate the schedule property, the 1st defendant filed counte