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2022 Supreme(AP) 1052

NINALA JAYASURYA
Muppalla Sambasiva Rao – Appellant
Versus
Vemula Tirupathi Venkaiah – Respondent


Advocates appeared:
G. Ramesh Babu, Learned Counsel appearing on behalf of T. Janardhana Rao, Learned Counsel, for the Appellant; Sodam Anvesha, Learned Counsel appearing on behalf of S. Dilip Jaya Ram, for the Respondents

JUDGMENT

Ninala Jayasurya, J. - The present Revision Petition is filed aggrieved by an Order dated 29.12.2021 in I.A. No. 718 of 2021 in O.S. No. 356 of 2021 on the file of the Principal Junior Civil Judge, Macherla, Guntur District.

2. The petitioner herein is the defendant in the above said suit. The respondent/plaintiff filed the suit against the petitioner/defendant seeking a Decree for Rs. 18,96,000/- together with interest, inter alia, on the premise that the petitioner/defendant borrowed an amount of Rs. 15,00,000/- for his business purposes and failed to repay the same. Along with the suit, the respondent/plaintiff filed an application under Order XXXVIII, Rule 5 of the Code of Civil Procedure, seeking to attach the petition schedule property before Judgment, if the defendant failed to furnish security for the suit amount. The petitioner/defendant filed counter to the said application and contested the matter. The learned Trial Court after formulating the point for consideration, as to whether the plaintiff is entitled to make the conditional attachment of the schedule property absolute or whether the respondent/defendant is entitled to raise the attachment, passed an Order d

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