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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, GADI PRAVEEN KUMAR
Gongalreddy Lakshmi Reddy, S/o. Nursi Reddy – Appellant
Versus
Chiduruppa Bhanu Rekha, W/o. C Srinivas Reddy – Respondent
| Table of Content |
|---|
| 1. appeal arises from order for security. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding necessity for security. (Para 5 , 6 , 7) |
| 3. plaintiff’s claim and evidence presented. (Para 9 , 10 , 12) |
| 4. purpose of attachment before judgment. (Para 14 , 15) |
| 5. satisfaction requirements for security. (Para 17 , 18 , 19) |
| 6. caution in exercising extraordinary powers. (Para 20 , 21) |
| 7. order for security preserves plaintiff's claim. (Para 22) |
| 8. court's conclusion and dismissal of the appeal. (Para 23 , 24) |
JUDGMENT :
Moushumi Bhattacharya, J.
1. The Civil Miscellaneous Appeal (CMA) arises out of an order passed by the learned I Additional Chief Judge, City Civil Court, Secunderabad on 11.08.2025 in I.A.No.312 of 2025 in O.S.No.25 of 2025 filed by the respondent/plaintiff to pass an order of attachment before the judgment against the appellant/defendant by directing the appellant/defendant to furnish security to the satisfaction of the Suit claim amount of Rs.67,01,433/-.
2. The appellant is a defendant in a Suit filed by the plaintiff/respondent to pass a decree in favour of the plaintiff directing the appellant/defendant to pay an amount of Rs.67,01,433/- to the plaintiff and for award o
The court reinforced the necessity of security for claims under Order XXXVIII Rule 5, affirming that a defendant's denial of the plaintiff's claim justified the attachment to protect the plaintiff's ....
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....
The appeal under Order 38 Rule 5 of the CPC is maintainable when conditional attachment is involved, ensuring proper legal mechanisms for securing claims.
A plaintiff must establish a prima facie case and demonstrate the defendant's intent to obstruct justice to obtain security under Order XXXVIII, Rule 5 of the CPC.
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.
Point of Law : Provisions of Order XXXVIII Rule 10 CPC, an attachment before judgment will not in any way affect the rights of the persons in respect of disputed persons.
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