* THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI * THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI % 16.04.2026 #Between:

Chitturi Venu Gopala Krishna, S/o Satyanarayana Murthy, Hindu, aged about 58 years, Business, R/o D.No.3-1235, Savitri Nagar, Rajamahendravaram.

…… Appellant / Petitioner / 3rd Party Claimant $And:

1. M/s. Sakthi Finance Company Limited, (The Company Incorporated Under Indian Companies Act), represented by its Senior Manager (Law), No.62, Dr. Nanjappa Road, Coimbatore.

… Respondent No.1/ Respondent No.1 / Decree Holder

2. Karuturi Kishore, S/o (late) Satyanarayana, Hindu, aged about 48 years, Business, R/o D.No.82-6-6, 2^nd Cross Street, Vidyut Colony, Rajamahendravaram, East Godavari District.

3. Karuturi Raja Ratnam, W/o (late) Satyanarayana, Hindu, aged about 69 years, House-wife, R/o D.No.82-6-6, 2^nd Cross Street, Vidyut Colony, Rajamahendravaram, East Godavari District.

….Respondents No.2 and 3 / Respondents No.2 and 3 /

Judgment Debtor !Counsel for the Appellant : Sri S.V. Maruti Sankar ^Counsel for the Respondent No.1 : Sri O. Udaya Kumar Gist:

>Head Note ? Cases referred

1. (2008) 14 SCC 258

2. (1990) 3 SCC 291

3. 2026 Supreme(Online)(AP) 4494 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ***

Chitturi Venu Gopala Krishna …… Appellant / Petitioner / 3^rd Party Claimant And:

M/s. Sakthi Finance Company Limited, (The Company Incorporated Under Indian Companies Act) and two others.

….Respondents DATE OF JUDGMENT RESERVED : 31.03.2026 DATE OF JUDGMENT PRONOUNCED : 16.04.2026 DATE OF JUDGMENT UPLOADED : 16.04.2026 SUBMITTED FOR APPROVAL:

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI &

THE HON’BLE SRI JUSTICE BALAJI MEDAMALLI

1. Whether Reporters of Local newspapers may be allowed to see the Judgments? Yes/No

2. Whether the copies of order may be marked to Law Reporters/Journals? Yes/No

3. Whether Your Lordships wish to see the fair copy of the Judgment? Yes/No __________________________ JUSTICE RAVI NATH TILHARI __________________________ JUSTICE BALAJI MEDAMALLI APHC010046562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3572]

(Special Original Jurisdiction)

THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO: 54/2026 Between:

1. CHITTURI VENU GOPALA KRISHANA, S/O SATYANARAYANA MURTHY, HINDU, AGED ABOUT 58 YEARS, BUSINESS, R/O DR.

NO. 3-1235, SAVITRI NAGAR, RAJAMAHENDRAVARAM.

...APPELLANT AND

1. M/S SAKTHI FINANCE COMPANY LIMITED, (THE COMPANY INCORPORATED UNDER INDIAN COMPANIES ACT), REPRESENTED BY ITS SENIOR MANAGER (LAW), NO. 62, DR.

NANJAPPA ROAD, COIMBATORE.

2. KARUTURI KISHORE, S/O (LATE) SATYANARAYANA, HINDU, AGED ABOUT 48 YEARS, BUSINESS, R/O DR. NO. 82-6-6, 2ND CROSS STREET, VIDYUT COLONY, RAJAMAHENDRAVARAM,EAST GODAVARI DISTRICT.

3. KARUTURI RAJA RATNAM, W/O (LATE) SATYANARAYANA, HINDU, AGED ABOUT 69 YEARS, HOUSE-WIFE, R/O DR. NO. 82-6-6, 2ND CROSS STREET, VIDYUT COLONY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT.

...RESPONDENT(S):

Counsel for the Appellant:

1. SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S):

1. O UDAYA KUMAR The Court made the following Judgment:

THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI &

THE HON’BLE SRI JUSTICE BALAJI MEDAMALLI APPEAL SUIT NO.54 OF 2026 JUDGMENT: (per Hon’ble Sri Justice Balaji Medamalli)

1. The Appeal, under Section 96 of the Code of Civil Procedure, 1908 (for short, 'C.P.C.'), preferred by the appellant/third-party claimant, challenging the decree and order dated 05.12.2025 passed in E.A.No.47 of 2024 in E.P.No.556 of 2019 in A.C.No.89 of 2009 by the learned Judge, Family Court- cum-IX Additional District Judge, East Godavari at Rajamahendravaram (for short, 'the Executing Court'), whereby the Executing Court dismissed the petition filed under Order XXI Rule 58(1) of CPC, seeking to raise the attachment dated 03.06.2019, filed by the appellant/claim petitioner.

2. The gamut of facts relevant for the purpose of the present adjudication is as follows:

(i) The cla