Koppuravuri Srinivasa Rao, v. Prl.Secy., Revenue (Stam.Andregis.)Dept.,

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 2569 of 2018 Order:

Heard learned counsel for the petitioner.

It is the case of the petitioner that the fifth respondent approached him and borrowed an amount of Rs.5,00,000/- on 27.10.2014 for his business necessities and executed a promissory note. Since the fifth respondent did not repay the debt, the petitioner filed O.S.No.203 of 2017 on the file of the Principal Senior Civil Judge, Narasaraopet for recovery of the said amount. The petitioner came to know that the fifth respondent mortgaged his property in favour of M/s. Lakshmi Vilas Bank, Vinukonda Branch and availed financial assistance. The petitioner filed I.A.No.453 of 2017 in O.S.No.203 of 2017 seeking attachment before judgment and a conditional order of attachment was passed on 19.04.2017 in respect of the said mortgaged property.

The petitioner came to know that the fifth respondent executed a sale deed in favour of the third party on 05.09.2017 and on coming to know of the same the petitioner filed an objection petition before the fourth respondent on 01.09.2017 not to register the said document. The fourth respondent appears to have refused to register the document and against the same the petitioner apprehends that the fifth respondent might have filed an appeal before the third respondent. In those circumstances, he sent a petition to the third respondent seeking prior notice before deciding the appeal preferred by the fifth respondent. He submitted the said petition on 18.01.2018 and the present Writ Petition is filed seeking a direction to the third respondent.

Admittedly, O.S.No.203 of 2017 filed by the petitioner against the fifth respondent seeking recovery of the money is pending. The petitioner

also obtained conditional order of attachment before judgment in I.A.No.453 of 2017 in O.S.No.203 of 2017 in respect of the same property which the fifth respondent is stated to have been alienating. In view of the appropriate remedies available before the Civil Court and in the absence of any provision for considering the petition filed by the petitioner on 18.01.2018, no relief can be granted to the petitioner in the present Writ Petition.

The Writ Petition is, accordingly, dismissed. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed.

___________________________ A. RAMALI NGESWARA RAO, J Date: 30.01.2018 Nsr