CMA/715/2025 of Pithani Venu Gopala Rao Vs Chundru Lakshmi on 4 March 2026

1. PITHANI VENU G ABOUT 57 YEAR VADREVU NAGAR

2. PITHANI SAI SURY ABOUT 36 YEAR VADREVU NAGAR

3. PITHANI VENKATA AGED ABOUT 51 65/3 SAI NAGARAM

4. PITHANI SREENIV ABOUT 27 YEARS NAGARAM, SAMAL

5. PITHANI MOUNIKA AGED ABOUT 27 SAI NAGARAM, SA

6. DANGATI ANURAD ABOUT 59 YEARS BALA TRIPURA SU , EAST GODAVARI

7. MEDISETTI SATYA 58 YEARS, OCC. H E HIGH COURT OF ANDHRA PRAD AT AMARAVATI (Special Original Jurisdiction) SDAY,THE FIFTH DAY OF MARCH O THOUSAND AND TWENTY SIX PRESENT RABLE SRI JUSTICE RAVI NATH TIL RABLE SRI JUSTICE BALAJI MEDAM CELLANEOUS APPEAL NO: 715/202 GOPALA RAO, S/O. LATE. SURYA RS. OCC. CULTIVATION, R/O. D , SYAMALA NAGAR, RAJAHMUNDR YA KARTHEEK, S/O. VENUGOPAL RS, OCC. CULTIVATION R/O. D , SYAMALA NAGAR, RAJAHMUNDR A SUBRAHMANYAM, S/O. LATE. YEARS, OCC. CULTIVATION, R/O. M, SAMALKOT, EAST GODAVARI D VAS, S/O. VENKATA SUBRAHMA S, OCC. STUDENT, R/O. D.NO. 1 LKOT, EAST GODAVARI DISTRICT. A, D/O. PITHANI VENKATA SUBR YEARS, OCC. STUDENT, R/O. D.N AMALKOT, EAST GODAVARI DISTRI DHA, W/O. DANGETI KRISHNA MU S, OCC. HOUSE WIFE, R/O. D.NO UNDARI TEMPLE, RAMARAOPETA, DISTRICT. AVATHI, W/0. SURYANARAYANA HOUSE WIFE R/O. D.NO.3-156, SU DESH

LHARI MALLI

A RAO, AGED D.NO.79-2-20/1, RY. L RAO, AGED D.NO.79-2-20/1, RY. SURYA RAO, . D.NO. 18-12- ISTRICT ANYAM, AGED 8-12-65/3, SAI AHMANUYAM, NO. 18-12-65/3, CT. URTY, AGED O.11-7-5, NEAR , KAKINADA -4 AGED ABOUT UBBARAYUDU

PETA, MALLAM VILLAGE

8. KUDUPUDI ATCHI KANTHAM, W/O NUKARAJU, AGED 47 YEARS, OCC. HOUSE WIFE, R/O D.NO.3-156D.NO.2-60, NAVARA VILLAGE, SAMALKOT MANDAL, EAST GODAVARI DISTRICT, (THE 6TH PETITIONER WAS DIED ON 18-12-2022 AND TO ADD THE LEGAL HEIRS OF THE 6TH PETITIONER I.A'S ARE PENDING BEFORE THE TRIAL COURT. HENCE THE 6TH RESPONDENT IS PROFORMA PARTY TO THE PRESENT CIVIL REVISION PETITION) ...APPELLANT(S) AND

1. CHUNDRU LAKSHMI, W/o Ranga Rao, Hindu, aged about 57yrs, R/o Door No.8-143 Velpuru Village, Tanuku Mandal, Tanuku. ...RESPONDENT Appeal Under Section_____againstorderspleased to set aside the Order in I.A.No. 657 of 2019 in O.S.No.21 of 2019 on the file of III Additional District Judge At Kakinada, dt. 04-04-2019 and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 2114 days in filing the revision petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to condone the delay of 93 days in Re-Presenting filing the C.M.A. No.715 of 2025 Pending the Present Civil Miscellaneous Appeal, and pass Counsel for the Appellant(S):

1. G V V S VARA PRASAD Counsel for the Respondent:

1. JOSYULA BHASKARA RAO

The Court made the following JUDGMENT: (per Hon’ble Sri Justice Ravi Nath Tilhari)

Heard Ms. Prashamsha, learned counsel representing Mr.G.V.V.S.Vara Prasad, learned counsel for the appellants/defendants appearing through virtual mode and Sri Josyula Bhaskara Rao, learned counsel appearing for the respondent/plaintiff.

2. The present civil miscellaneous appeal has been filed under Order 43 Rule 1 of the Code of Civil Procedure, 1908, (in short, CPC.,) challenging the order of conditional attachment dated 04.04.2019 passed in I.A.No.657 of 2019 in O.S.No.21 of 2019, by the IV Additional District Judge at Kakinada.

3. The said order has been passed under Rule 5 of Order 38 CPC. The operative part reads as under:

“Issue show cause notice to the respondents as contemplated under law to furnish security for the warrant amount within 48 hours and in the meanwhile interim conditional attachment over the schedule property and notice to respondents by 12.04.2019.”

4. Challenging the said order, the present appeal has been filed with the applications to condone the delay of 2114 days in filing the appeal vide I.A.No.1 of 2025 and to condone delay of 93 days in re-presenting the appeal. Objection has not been filed in the aforesaid applications by the respondent/plaintiff.

5. Learned counsel for the appellants submits that the I.A.No.657 of 2019, in which the order of conditional attachment has been passed, is still pending before the learned trial Court, and so the appellants having been under the impression that when that matter will be heard finally and the order will be passed finally in the said application, the appellants would get the opportunity for removal of the attachment. The affidavit in support of the I.A. does not show any other reason for not challenging that order under Rule 5 of Order 38 CPC.

6. So far as the Order 38 Rule 5 CPC is concerned, the order of attachment is only conditional attachment at the time of issuance of the notice to the defendants, also providing them the opportunity to furnish the security. On a specific query made to the learned counsel for the appellants that if the security was furnished or any objection was filed, she submits that the application is still pending. In the affidavit, there is no such averment that the security was furnished or the objection was filed.

7. The remedy of the defendants against an order of conditional attachment is either to furnish a security or to file the objections before the Court concerned. The remedy of the appeal under Order 43 Rule 1(q) CPC is not against the order passed under Rule 5 of Order 38 CPC but, against the order passed under Rule 6. In the submissions of the appellants’ counsel, any such order under Rule 6 has yet not been passed. The present appeal has been filed against the order passed under Rule 5.

8. There is also no sufficient explanation for the inordinate delay, offered in I.A.Nos.1 and 2 of 2025.

9. I.A.Nos.1 and 2 of 2025 are dismissed.

10. The Civil Miscellaneous Appeal is also dismissed as not maintainable.

No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed. ____________________ RAVI NATH TILHARI, J

____________________ BALAJI MEDAMALLI, J

Date: 05.03.2026 MDP