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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. LAKSHMAN
Pendru Bhoopathi Reddy – Appellant
Versus
Sama Sandeep Reddy – Respondent
ORDER :
1. Heard M/s. Mukkera Sahithi Sri Kavya, learned counsel for the petitioner and Sri Katika Ravinder Reddy, learned counsel for the respondents.
2. The present Civil Revision Petition is filed challenging the order dated 03.06.2024 passed in I.A.No.929 of 2023 in O.S.No.37 of 2023 by I Additional District Judge at Karimnagar.
FACTS :
3. The petitioner is plaintiff and the respondents are defendants. He filed the aforesaid suit vide O.S.No.37 of 37 of 2023 against the respondents for recovery of an amount of Rs.1,63,15,000/- towards principal and interest. Along with the said suit, the petitioner had filed an application vide I.A.No.929 of 2023 under Order XXXVIII Rule 5 of CPC seeking attachment before judgment on the following grounds:-
i. The petitioner and respondents are known to each other since long time and defendants offered to sell their house site plot admeasuring 400 sq.yards in Sy.Nos.42 and 44 situated in Upparapalli Village, Rajendra Nagar Mandal, Ranga Reddy District (for short, ‘subject plot’), for total consideration ofRs.1,00,00,000/-.
ii. They have received an amount of Rs.90,00,000/- and the balance amount was agreed to receive at the time of registration of th
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....
It is settled law that power under Order 38 Rule 5 of CPC is drastic and extraordinary power.
The Court emphasized the importance of verifying the ownership of the property before making an attachment before judgment and upheld the rights of a third party purchaser under Order 38 Rule 10 of C....
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....
The main legal point established in the judgment is that a claim petition filed under Order XXI Rule 58 of CPC shall be adjudicated upon as if it is a regular suit, and any adjudication on the rights....
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