Dr.K.S.Ashok Kumar v. Malaraju Rajeshwar

THE HON'BLE SRI JUSTICE DILIP B.BHOSALE CIVIL REVISION PETITION No. 2146 of 2014 P.C:

Heard Mr.P.Shiv Kumar, learned counsel for the petitioner and Sri K.Gopal, learned counsel for respondent No.3. None appears for respondent No.1 though served.

Insofar as respondent No.2 is concerned, learned counsel for the petitioner submits that he is not necessary party for disposing of this C.R.P. His statement is recorded and accepted.

The C.R.P. is directed against the order, dated 16.04.2014, passed by the Court below, disposing of I.A.No.1003 of 2011 in O.S.No.49 of 2011, whereby the petitioner's application under Order 21 Rule 46 read with Section 141 of the Code of Civil Procedure, seeking attachment of the amount and prohibiting respondent No.3 from making any payment to respondent No.1 has been rejected.

Learned counsel for respondent No.3, without prejudice to the rights and contentions of respondent No.3, on instructions, submits that respondent No.3 shall not pay any amount to respondent No.1 during pendency of the suit without permission of the Court. His statement is recorded and accepted. In view thereof, learned counsel for the petitioner does not press this C.R.P.

C.R.P. is accordingly disposed of as not pressed. All

contentions of the parties on merits are kept open. Consequently, miscellaneous petitions, if any, also stand disposed of.

_____________________ DILIP B.BHOSALE,J Dt:20.02.2015 kdl