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High Court for State of TelanganaCRP/6883/2017dismissed

Sri. Mohammed Gayasuddin, v. Kapil Chits (Kakatiya) Private Limited Business,

2018-04-02C.V.Nagarjuna Reddy,D.V.S.S.Somayajulu3 pages

The Hon'ble Sri Justice C.V.Nagarjuna Reddy and The Hon'ble Sri Justice D.V.S.S.Somayajulu Civil Revision Petition No.6883 of 2017 Dated 02.04.2018 Between:

Sri Mohammed Gayasuddin ... Petitioner and Kapil Chits (Kakatiya) Private Limited Business Banswada Branch, rep. by K.Gopi Kumar and 4 others

...Respondents

Counsel for the Petitioner:

Mr.Dinesh Patil The Court made the following:

CVNR, J & DVSS, J CRP.No.6883 of 2017 Dt: 02-04-2018 Order: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Revision Petition is filed questioning an ad interim attachment warrant issued by the Junior Civil Judge at Banswada.

Learned Counsel for the petitioner submitted that the Execution Petition itself is not maintainable based on the Recovery Certificate issued by the Deputy Registrar, who is not competent to issue the same.

Having regard to the fact that the attachment warrant was issued as an ad interim order, we do not propose to adjudicate on the merits of the submission made by the learned Counsel for the petitioner. Therefore, without expressing any opinion thereon, the Civil Revision Petition is dismissed with liberty to the petitioner to seek vacation of the said interim order and dismissal of the Execution Petition on the ground of its nonmaintainability. As a sequel to dismissal of the Civil Revision Petition, interim order, dated 08-12-2017, is vacated and CRPMP.No.8849 of 2017 is disposed of.

______________________ (C.V.Nagarjuna Reddy, J) ____________________ (D.V.S.S.Somayajulu, J) Date: 02-04-2018 lur

CVNR, J & DVSS, J CRP.No.6883 of 2017 Dt: 02-04-2018