Y.Srinivas Rao, v. S.Subramanyam

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CIVIL REVISION PETITION No.3430 of 2016 ORDER:

This Civil Revision Petition, under Article 227 of the Constitution of India, is filed challenging the order dated 04.04.2016 passed in I.A.No.180 of 2016 in O.S.No.64 of 2016 by the III Additional Chief Judge, City Civil Court, Hyderabad, whereby, the petition filed by the petitioner/plaintiff under Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908, was dismissed on various grounds. 2.

During the hearing, the learned counsel for the respondent/defendant expressed his willingness to furnish security accepting the suit schedule property for recovery of amount due to the petitioner/plaintiff under the alleged agreement of sale. The learned counsel for the petitioner/plaintiff readily accepted for the same. 3.

In view of the concession of Sri Praveen Kumar Challa, learned counsel for the petitioner/plaintiff and Sri T.Surya Satish, learned counsel for the respondents/defendants, the respondents/defendants are directed to furnish security for the amount claimed as alternative relief, i.e., the suit amount, executing necessary documents to create security over the suit schedule property and costs within a period of one

(01) week from today, to the satisfaction of the learned III Additional Chief Judge, City Civil Court, Hyderabad.

4.

With the above observations, the Civil Revision Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this revision shall stand closed. ________________________________ M. SATYANARAYANA MURTHY, J 14th September, 2016.

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