THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.3966 of 2008 Date of Order: 25-02-2011 Between: Vudimudi Somaraju ..Petitioner And 1. Chaluvadi Venkata Narasimha Rao and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.3966 of 2008 ORAL Order: Heard the learned counsel for the petitioner and learned counsel for respondent No.1. The petitioner/defendant filed this revision aggrieved by the orders of the Senior Civil Judge, Machilipatnam passed in I.A.No.1065 of 2008 in O.S.No.202 of 2008, dated 19-08-2008. The 1st respondent/plaintiff who instituted the suit filed the above I.A. under Order XXXVIII Rule 5(1) r/w 151 CPC to direct the petitioner/defendant to furnish security for the suit amount and costs within the stipulated time, failing which to pass necessary orders for attachment, attaching the retirement benefits of the petitioner. The lower court by the impugned docket order dated 18-09- 2008 directed the Executive Engineer, Krishna Eastern Division, Irrigation Department, Vijayawada—Garnishee to withhold the retirement benefits of petitioner, which are being excluded under Section 60 CPC making it clear that the Garnishee is at liberty to sanction the retirement benefits which are excluded for attachment under Section 60 CPC until further orders of the court and issue notice to the petitioner by 05-09-2008. The notice sent to the 1st respondent was not yet returned and attachment order served on Garnishee on 28-08-2008 and directed to be posted on 18-09-2008. Since the docket order itself is not a final order of attachment and it is only until further orders to be passed in I.A.No.1065 of 2008, it is always open for the petitioner to file counter objecting attachment by offering security to the suit amount for raising attachment. Instead of following the said procedure, the petitioner unnecessarily moved this court and obtained status quo which will not enure any benefit to the petitioner by authorizing the lower court to enquire into the matter for raising attachment. In view of the same, the revision petitioner is directed to file counter objecting attachment and also a petition seeking to raise attachment within two weeks from the date of receipt of a copy of this order. On filing such application, the lower court is directed to dispose of I.A.No.1065 of 2008. The revision petition is accordingly disposed of. No costs. _________________ A.GOPAL REDDY, J. 25-02-2011 Murthy