HIGH COURT OF ANDHRA PRADESH
B.S. BHANUMATHI, J
Uppalapati Varahala Raja – Appellant
Versus
Datla Janakirama Raju – Respondent
ORDER:
This revision is filed under Article 227 of the Constitution of India challenging the order, dated 01.12.2020, dismissing I.A.No.3 of 2017 in O.S.No.1 of 2017 on the file of the Court of XIII Additional District Judge, Gajuwaka, filed under Order 38 Rule 5 CPC seeking attachment of the petition schedule property before judgment if the respondents/defendants failed to furnish security or to comply the conditions of statutory notice under Order 38 Rule 5 CPC.
2. Heard Sri G.Rama Gopal, learned counsel for the petitioner/plaintiff and Sri S.V.R.Subramanyam, learned counsel for the respondent/defendants.
3. The petitioner is the plaintiff and he filed the suit for recovery of an amount of Rs.40 lakhs based on a promissory note-cum-house security deed, dated 23.01.2015, executed agreeing to repay the same with interest at the rate of 24% per annum. The 1st respondent/1st defendant filed counter which is adopted by respondents 2 & 3/defendants 2 & 3. It is contended in the counter that there is no debtor and creditor relationship between the petitioner and the respondents and that the petitioner has no such capacity to lend such huge amount; that any transaction exceeding Rs.20,000/
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