Munaluri Hari Prasad v. Jampani Ramateertham

The Hon'ble Sri Justice C.V.Nagarjuna Reddy Civil Revision Petition No.1598 of 2015 Dated 19.06.2015 Between:

Munnaluri Hari Prasad ... Petitioner and Jampani Ramateertham and 5 others

...Respondents

Counsel for the petitioner: Mr.A.Narasimha Rao Counsel for respondent Nos.1 & 5: None appeared Counsel for respondent Nos.2,3 & 4: Mr.Ghanta Rama Rao Counsel for respondent No.6: Mr.Srinivas Chitturu The Court made the following:

Order:

This Civil Revision Petition arises out of docket order, dated 30-08-2010, whereby the lower Court has dismissed EA.No.323 of 2006, filed for attaching the balance amount after adjustment of loan amount due to respondent No.5.

This Application was dismissed by the lower Court on the ground that EA.No.322 of 2006 filed by the petitioner for a direction to respondent No.5 to

deposit the balance amount to the credit of EP.No.79 of 2006 was partly allowed.

At the hearing, Mr.A.Narasimha Rao, learned Counsel for the petitioner, submitted that respondent No.5 has attached the balance amount not only towards the secured debt but also towards another debt, for which the judgment debtor has stood as a guarantor. Inasmuch as the petitioner has filed another Civil Revision Petition against the order in EA.No.322 of 2006 wherein a direction was sought for deposit of the balance amount and respondent No.5 has already adjusted the balance amount, except to the extent of Rs.6,000/-, further adjudication of this Civil Revision Petition, on merits, is not necessary. However, the petitioner is at liberty to pursue the Civil Revision Petition stated to have been filed against the order in EA.No.322 of 2006.

Subject to the liberty given to the petitioner as above, this Civil Revision Petition is dismissed. ______________________ (C.V.Nagarjuna Reddy, J) Dt: 19th June, 2015 LUR