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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
GANNAMANENI RAMAKRISHNA PRASAD
Narse Gowd – Appellant
Versus
Thammanna – Respondent
ORDER :
GANNAMANENI RAMAKRISHNA PRASAD, J.
Heard Sri P. Venkata Rama Sarma, learned Counsel for the Civil Revision Petitioner and Sri S. Krishna Reddy, learned Counsel representing Sri Ineni Venkata Prasad, learned Counsel for the Respondent.
2. The Plaintiff herein has filed a Suit for Recovery of Rs.2,48,958/- bearing O.S.No.85 of 2022 on the file of the Civil Judge (Junior Division), Madakasira. The Plaintiff has filed I.A.No.214 of 2025 seeking attachment of about nine properties. The schedule of the properties is found in I.A.No.214 of 2025. The sole Defendant therein had filed Counter-affidavit.
3. The learned Civil Judge (Junior Division) Madakasira, vide Order dated 15.04.2025 was pleased to dismiss the Interlocutory Application bearing I.A.No.214 of 2025. The reasoning given by the learned Civil Judge for dismissing I.A.No.214 of 2025 in O.S.No.85 of 2022 was that the Plaintiff ought to have proceeded with the case by producing the other witnesses for examination instead of moving an Application of this nature.
4. The facts on record also indicate that, vide order dated 14.06.2023, the sole Defendant was set ex parte on the ground that the Written Statement had not been filed b
The court emphasized that attachment before judgment requires credible evidence of intent to obstruct execution, and failure to consider relevant documents constitutes a jurisdictional error.
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....
A plaintiff must establish a prima facie case for attachment before judgment, ensuring no asset disposal occurs that could obstruct potential recovery, as underscored by Order 38 Rules 5 and 6 of CPC....
Attachment must comply with jurisdictional rules; absence qualifies as an irregularity, not an automatic nullity unless substantial injury is proven.
Recovery of amount – Attachment of property – Void as the property subject matter of the suit not standing in the name of the first defendant, as the entire claim in the suit was against the first de....
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