COMMON ORDER:

C.R.P.NO.364 OF 2021:

This Civil Revision Petition is filed against the order, dated 22.10.2020 in I.A.No.275 of 2020 in O.S.No.2 of 2020, on the file of the XV Additional District Judge, Krishna District, Nuzvid.

C.R.P.NO.663 OF 2021:

This Civil Revision Petition is filed against the order, dated 21.05.2021 in I.A.No.275 of 2020 in O.S.No.2 of 2020, on the file of the XV Additional District Judge, Krishna District, Nuzvid.

2) In both revision petitions parties are the same and issue involved in both the C.R.Ps. is the same.

Accordingly, both revision petitions are heard together. 3) The petitioners are defendants and the respondent is plaintiff in O.S.No.2 of 2020.

4) Heard Sri Venkateswara Rao Gudapati, learned counsel for the petitioners and Sri Sri Charan Telaprolu, learned counsel for the respondent. Perused the record.

5) The facts of the case are:

(i) The respondent herein filed a suit in O.S.No.2 of

2020 for recovery of Rs.3,43,73,330/- with interest @ 24% per annum from 01.01.2017 in addition to execution of regular sale deed in respect of plaint schedule properties (i.e.) Ac.0-31 cents of land in S.No.594/1 of Konnamgunta Village which was standing in the name of 1st petitioner and an extent of 225 sq. yards in R.S.No.595 of Nuzvid situated in Konnamgunta road within the limits of Nuzvid, Krishna District. Along with the suit he filed I.A.No.275 of 2020 under Order 38 Rule 5 of C.P.C. seeking attachment order in respect of item Nos.1 to 3 of petition schedule properties pending disposal of the main suit filed against the defendants.

(ii) After hearing both sides, the trial Court directed the petitioners to furnish security to a tune of Rs.3,43,73,330/- within two weeks from the date of receipt of the order, failing which the petition schedule properties are ordered to be attached till disposal of main suit. This order was passed on 22.10.2020 in I.A.No.275 of 2020.

(iii) Subsequently, the petitioners furnished security before the trial Court. But, the trial Court without satisfied with the security furnished by the petitioners by its docket order, dated 25.01.2021 affected the interim attachment order passed by this Court on 22.10.2020 subject to mortgage in respect of item Nos.1 to 3 of the petition schedule properties. Aggrieved by the order, dated 22.10.2020 in I.A.No.275 of 2020 and docket order, dated 25.01.2021 in I.A.No.275 of 2020, passed by the trial Court, the present revision petitions are filed by the petitioners.

6) Learned counsel for the petitioners would submit that the 1st petitioner herein offered the respondent for sale of Ac.1-00 cents of land in R.S.No.126 of Gajularamaram Village, Qutbullapur Mandal, Ranga Reddy District. Accordingly, the respondent agreed to purchase the suit schedule property under an agreement of sale, dated 27.04.2010 and paid entire sale consideration. Later, the respondent came to know that the 1st petitioner has sold the suit schedule property along with some other properties for huge amounts to third parties. After coming to know about the fraudulent transaction and cheating committed by the 1st petitioner, the respondent questioned the petitioners. In order to avoid legal consequences, the petitioners agreed to pay Rs.2,00,00,000/- (Rupees two crores only) towards return of amount paid by him in the sale transaction in addition to give Ac.0-31 cents of land in S.No.594/1 of Konnamgunta Village, which stands in the name of 1st petitioner and an extent of 255 sq. yards in S.No.595 of Nuzvid situated in Konnamgunta road which stands in the name of 2nd petitioner, who is the wife of the 1st petitioner. The respondent agreed for the same and accordingly, an agreement was entered by the petitioners and the respondent on 01.01.2017 and the petitioners agreed to pay a sum of Rs.2,00,00,000/- (Rupees two crores only) by 31.01.2017 along with interest @ 24% per annum and agreed to execute sale deeds in respect of said properties covered by “A and B” schedule properties by gett