COMMON ORDER:

Aggrieved by the condition to deposit a sum of Rs.2,60,48,099/- imposed in the common order, dated 26.07.2022, passed in I.A. No.51 of 2022 and I.A. No.459 of 2021, in I.A.No.1083 of 2019 in O.S.No.68 of 2019 on the file of the learned VI Additional District Judge, Kakinada, while allowing the petition filed seeking to raise the attachment that was ordered on 02.12.2019 under Order 38, Rule 5 CPC over the property of the petitioner, both these Civil Revision Petitions have been filed by the petitioner.

2) Heard learned counsel for the petitioner and learned counsel for the respondent.

3) The petitioner is the defendant in O.S No.68 of 2019 on the file of the learned VI Additional District Judge, Kakinada, filed by the respondent herein. The said Suit was filed for recovery of the amount said to have been received by the petitioner on the basis of an agreement to sell. The principal amount, according to the plaintiff, was Rs.1,50,00,000/-. So, with the accrued interest the Suit was filed for recovery of a sum of Rs.1,95,82,500/-.

4) Along with the Suit, the plaintiff has filed a petition seeking attachment of the property of the defendant in the Suit before judgment under Order 38, Rule 5 CPC. An exparte order of attachment before judgment was passed in respect of the said property.

5) The defendant has challenged the said order of attachment before judgment before this Court. The defendant before this Court in C.M.A. Nos.258 and 259 of 2022 has offered to deposit a sum of Rs.2,00,78,099/- as a security for the Suit claim in the trial Court. Therefore, as per order, dated 25.08.2022, passed by this Court in I.A. No.1 of 2022 in C.M.A. Nos.258 and 259 of 2022, which were subsequently converted into the present C.R.P.

Nos.1088 and 1089 of 2023, held as follows:

“…..

On the said condition of depositing the said amount within two (2) weeks from the date of receipt of the copy of this order, there shall be interim suspension of the orders, dated 26-07-2022 passed in I.A.Nos.51 of 2022 and 459 of 2022 in I.A.No.1083 of 2019 in O.S. No.68 of 2019 on the file of the Court of the learned VI Additional District and Sessions Judge, Kakinada.”

6) Thus, this Court while accepting the offer made by the defendant to deposit a sum of Rs.2,00,78,099/- towards security for the Suit claim, permitted the petitioner to deposit the said money within two weeks from the date of receipt of the copy of the said order and further ordered that on deposit of the said amount that there shall be interim suspension of the order, dated 26.07.2022, passed in I.A.Nos.51 of 2022 and 459 of 2022 in I.A.No.1083 of 2019 in O.S.No.68 of 2019 on the file of the Court of learned VI Additional District Judge, Kakinada.

7) Pursuant to the said direction, admittedly, the defendant has deposited the said sum of Rs.2,00,78,099/- before the trial Court. Therefore, now there is adequate security is available for the Suit claim of the plaintiff.

8) Thereafter, the defendant has filed a petition in I.A.No. 51 of 2022 before the trial Court to raise the attachment in view of deposit of the said amount towards security for the Suit claim. But, the trial Court by the impugned common order directed the petitioner to deposit a sum of Rs.2,60,48,099/- on or before 29.08.2022, instead of Rs.2,00,78,099/-. Aggrieved thereby both these Civil Revision Petitions are filed by the defendant.

9) When once the defendant has deposited sufficient sum of Rs.2,00,78,099/- towards security for realization of the Suit claim and that too in terms of the permission/direction that was given by this Court, the trial Court ought to have raised the attachment as sufficient security is now available for realization of the Suit claim. In fact, the very object of ordering attachment before judgment is to have sufficient security for realization of the Suit claim in case the plaintiff succeeds in the Suit to enable him to realize the decretal amount. As sufficient security in the form of money itself is