Between:
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 2932 OF 2011 Dated:13-11-2014
Md. Aliuddin Wasi and another AND ... PETITIONERS M/s. S5G Group, rep., by Sri Gurmeet Singh Dua, S/o. late Sant Singh Dua, M.No.8- 2-293/82/F/A/81, Plot No.A-81, Road No.15, Film Nagar Jubilee Hills, Film Nagar Cooperative Housing Society, Hyderabad .. RESPONDENT
THE HON'BLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 2932 OF 2011
ORDER:
The petitioners filed O.S No.759 of 2010 in the Court of IV Senior Civil Judge, City Civil Courts, Hyderabad against the respondent for eviction from the suit schedule property and for recovery of arrears of rent of Rs.4,85,482.50. They have also filed I.A No. 340 of 2010 under Order XXXVIII Rule 5 CPC, with a prayer to grant attachment before judgment of the schedule properties worth the amount claimed in the suit. The I.A was opposed by the respondent. The trial Court dismissed the I.A through order dated 22-06-2011.
The amount claimed in the suit is in the form of arrears of rent. If that is so, the petitioner has to file an application under Order XVA CPC. The trial Court has undertaken extensive discussion of the matter and found that no case is made out for granting attachment before judgment. It was also left open to the petitioners to file appropriate application. This Court does not find any basis to interfere with the order under revision.
The C.R.P is accordingly dismissed. The miscellaneous petitions filed in this revision shall also stand disposed of. There shall be no order as to costs.
L. NARASIMHA REDDY, J 13-11-2014 ks