Krishnappa VS K. N. Sridevi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

S.ABDUL NAZEER
Krishnappa – Appellant
Versus
K. N. Sridevi – Respondent

Counsel for the Parties:
For the Petitioner:Sri Shanmukappa for M/s. Kesvy and Company, Advocates.
For the Respondent:Sri M.K. Venkatarammana, Advocate.

JUDGMENT

S. Abdul Nazeer, J.— This writ petition is directed against the order dated 25-3-2011 in O.S. No. 5986 of 2010 on the file of the 30th Additional City Civil Judge, Bangalore City, whereby the application filed by the petitioner under Order 38, Rule 5 of the Civil Procedure Code, 1908 for an order of, attachment before judgment attaching the suit schedule property has been dismissed.

2. The petitioner is the plaintiff in the suit and the respondent is the defendant. For the purpose of convenience, the parties are referred to by their respective ranking before the Trial Court. The plaintiff filed the above suit against the defendant for recovery of a sum of Rs.95,20,000/- together with future interest at 18% per annum from the date of the suit till the date of realisation. In the suit, the plaintiff has contended that the defendant being the absolute owner of the suit schedule property had executed an agreement of sale dated 25-6-2007 agreeing to sell the said property in his favour for a sale consideration of Rs.75 lakhs and as on the date of the execution of the sale agreement, he has paid a sum of Rs.47,70,000/- by way of cash and Rs.50,000/- by way of cheque and another