G. Bakkaiah v. M/S. Model Chit Corp. Ltd., And 4 Others

HON'BLE SRI JUSTICE A. SHANKAR NARAYANA C.R.P.No.3440 OF 2012 ORDER:

The present revision petition, under Section 115 of the Code of Civil Procedure, 1908, is filed aggrieved over the order, dated 16.06.2012, passed in E.P.No.3 of 2007 in O.S.No.7 of 2003 by the learned XII Additional Senior Civil Judge (Fast Track Court), City Civil Court, Secunderabad.

2. Heard learned counsel for respondent No.1 - decree holder today.

3. The warrant of attachment of movable properties is questioned now by the petitioner - judgment debtor No.1, who is the subscriber of the chit in respondent No.1 - decree holder's company. In fact, there could not be any tenable objection for judgment debtor No.1, when one of the modes of attachment of movable properties is resorted to and he cannot seek a relief to direct the decree holder to proceed in a particular mode of execution. There is no material irregularity in issuing the warrant of attachment of movable properties by the executing Court.

4. Hence, the present revision petition is dismissed. Miscellaneous Petitions, if any, pending in this revision petition shall stand closed. There shall be no order as to costs. ___________________________ A. SHANKAR NARAYANA, J April 12, 2018.

MD