Civil Revision Petition No. 1013 of 2010 · High Court

This Civil Revision Petition is filed by defendant Nos.1 and 2 in O.S.No.653 of 2007 on the file of the learned Principal Senior Civil Judge, Nellore, aggrieved by the order, dated 23.02.2010, passed in E.P.No.53 of 2010. O.S.No.653 of 2007 filed by the first respondent/plaintiff for recovery of money was decreed. The petitioners are the guarantors in the chit transaction. Pursuant to the decree obtained by the first respondent, he has filed E.P.No.53 of 2010 against the petitioners and sought attachment of schedule properties mentioned in the E.P. The Court below by the impugned order, ordered for attachment of schedule properties under Order XXI Rule 54 CPC, while issuing urgent notice under Order XXI Rules 64 and 66 CPC to the petitioners. It is contended by the learned counsel for the petitioners that the decree obtained by the first respondent was ex parte in nature and the petitioners were not given any opportunity to contest the suit. If such is the case, it is for the petitioners to move the Court below seeking to set aside such ex parte decree or else, they can file appeal against it. When the decree obtained by the first respondent is in force, it is entitled to execute the same. In any event, it is to be noticed that the order impugned, which is ad interim in nature, was passed while issuing urgent notice to the petitioners. In that view of the matter, I do not find any illegality in the impugned order for interference at this stage. As this Court passed order on 03.03.2010 in CRP.MP.No.1394 of 2010 to continue the attachment order and directed that no further steps shall be taken pursuant to such order, I deem it appropriate to permit the petitioners to file counter-affidavits and contest the proceedings in E.P.No.53 of 2010. It is made clear that the attachment order shall continue to operate but no further steps shall be taken for a period of three (3) weeks from today. In the meanwhile, it is open to the petitioners to move the Court below by filing counter-affidavits in the E.P. Subject to the above observations, the Civil Revision Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 9th NOVEMBER, 2010.