High Court for State of TelanganaCRP/2244/2019disposed of no costs

Smt. Gona Padmavathi And Another v. A. Ramchandra Reddy

2019-09-23Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Civil Revision Pet it ion No.2 2 4 4 of 2 0 1 9 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed by the petitioners/ defendants, challenging the docket order, dated 06.08.2019, passed in I.A.No.649 of 2019 in O.S.No.792 of 2019, by the III Additional District and Sessions Judge, Cyberabad at L.B.Nagar, Ranga Reddy District, whereby, on a petition filed by the respondent/ plaintiff under Order XXXVIII Rules 5 to 9A read with Section 151 of C.P.C., the Court below issued showcause notice to the 1st petitioner/ 1st defendant as to why she cannot be asked to furnish security for a sum of Rs.42,00,000/ - within 48 hours, failing which, ordered to issue conditional attachment order.

2 .

Heard the learned counsel for the petitioners/ defendants and perused the record.

3 .

The learned counsel for the petitioners/ defendants would contend that the impugned docket order is without notice and is erroneous and ultimately prayed to set aside the same.

4 .

During the course of submissions, it is brought to the notice of this Court that subject I.A.No.649 of 2019 in O.S.No.792 of 2019 filed by the respondent/ plaintiff seeking an order of attachment before judgment of the schedule

- 2 - properties of 1st petitioner/ 1st defendant to secure the suit claim amount, is pending consideration before the Court below. Further, in pursuance to the impugned docket order, dated 06.08.2019, no attachment was made.

5 .

Under these circumstances, the learned III Additional District and Sessions Judge, Cyberabad at L.B.Nagar, Ranga Reddy District, is directed to dispose of I.A.No.649 of 2019 in O.S.No.792 of 2019, pending on its file, within a period of thirty (30) days from today.

6 .

With the above direction, this Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this Civil Revision Petition, shall stand closed.

______________________ Dr . SHAMEEM AKTHER, J 23rd September, 2019 Bvv