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B. V. L. N. CHAKRAVARTI
Pattisapu Anantha Bhaskara Murthy – Appellant
Versus
Madala Sri Venkata Ramana Murthy – Respondent
ORDER :
This Civil Revision Petition is directed under Section 115 of C.P.C., against the order, dated 02.07.2010, in E.P.No.463 of 2001 in O.S.No.1018 of 2001 on the file of the Principal Junior Civil Judge Court, Ramachandrapuram, East Godavari District, where under the petition filed under Order XXI Rule 52 of the Code of Civil Procedure, 1908 against 1st J.Dr., directing the garnishee to effect attachment and to remit the same into the Civil Court Deposit was dismissed.
2. The facts behind the said E.P., filed by the Decree Holder were that, he filed O.S.1018/2001 on the file of I Addl. Junior Civil Judge Court, Rajahmundry, obtained the decree on 22.11.2004, which was got transmitted to Principal Junior Civil Judge Court, Ramachandrapuram, where the schedule property is situated. Even after passing the decree, the Judgment Debtors failed to pay the amount due under the decree. Previously, the Decree Holder filed E.P.11/2006 for sale of the immovable property of the J.Drs., but the same was not-pressed on 13.11.2007, because the property was auctioned by ING Vysya Bank, Ramachandrapuram Branch. An amount of Rs.3,63,385/- belongs to the 1st J.Dr., is lying in the custody of the ba
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
The attachment does not create any charge on the attached property, and the garnishee does not become a surety under Section 145 CPC by virtue of the prohibitory order issued under Order 21 Rule 46 C....
The execution court must respect property rights and issue proper notifications prior to attachment; failure to do this invalidates the order.
Attachment of property in execution of a money decree is improper if property was transferred to legal heirs before the decree and the decree did not relate to property rights.
The rights of an innocent third party purchaser and the timing of property transactions are protected under Section 64(2) CPC.
The bar to create any lien, charge or liability on property, after receipt of a notice under Section 13(2) of Act, is only against debtor, and not applicable to a civil court.
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