Thallam Amarnath v. Devathi Sankaraiah

THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO C.R.P.No.4642 of 2014 ORDER:

Heard both sides.

This Revision Petition is filed challenging the docket order dt.05-02-2014 in I.A.No.192 of 2014 in O.S.No.20 of 2014 on the file of the VI Additional District Judge, Kadapa.

2. In that order, the Court below issued an urgent order under Order 38 Rule 5 (2) CPC to petitioner to furnish security for the suit amount within 48 hours failing which to attach the plaint schedule property by 1902-2014.

3. It is the grievance of the the petitioners that the said order was not served on the petitioners at all and without serving the said order, the bailiff of the Court on 20-02-2014 had attached the plaint schedule property. It is also stated by the learned counsel for the petitioners that a counter affidavit has been filed in the said I.A. pointing out this fact but the said application is not being taken up by that Court.

4. Having regard to the said submission, I am of the opinion that the Court below should decide I.A.No.192 of 2014 within a period of two weeks from the date of receipt of a copy of this order by hearing both sides.

5. Therefore, without expressing any opinion on the contention raised by the petitioners, the Revision Petition is disposed of directing the VI Additional District Judge, Kadapa to decide I.A.No.192 of 2014 in O.S.No.20 of 2014 of his file within a period of two weeks from the date of receipt of a copy of this order. No costs.

6. As a sequel, miscellaneous petitions pending, if any, shall stand disposed of.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 12.02.2015 Note:

Registry to dispatch this order in two days.

B/o.

Kvr