HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5577 of 2008 Date: 09-09-2010 Between: G. Sankar …… Petitioner and Gaddam Reddaiah …. Respondent HON’BLE SRI JUSTICE B. PRAKASH RAO C.R.P.No. 5577 of 2008 ORDER: The petitioner, who is the respondent-defendant before the Court below, filed this Revision Petition, under Article 227 of the Constitution of India, inter alia, seeking to assail the correctness of the order, dated 01-12-2008 in I.A.No.894 of 2008 in O.S.No.562 of 2008 on the file of the Principal Senior Civil Judge, Tirupathi. The respondent herein, who is the plaintiff, filed the suit against the petitioner for recovery of certain amount and during the pendency of the same, he filed the present Application seeking attachment of the petition schedule movable property. The Court below passed the impugned order on 01-12-2009, which reads as hereunder: “Notice to respondent served. Respondent had not present. Issue an attachment warrant. Call on 30-1-2009.” This Court, while ordering notice before admission, granted interim suspension of the impugned order through the order, dated 12- 12-2008 in C.R.P.M.P.No.7430 of 2008 and the same is still in force. No steps have been taken by the respondent herein for vacating the said interim order. In view of the above facts and circumstances, it is not desirable to delve into the merits of the case. It is suffice to provide an opportunity to the petitioner to file counter in I.A.No.894 of 2008 and thereafter, the Application has to be disposed of on merits after hearing both parties. Accordingly, the Civil Revision Petition is allowed. The impugned order, dated 01-12-2008 in I.A.No.894 of 2008 before the Court below is set aside. The matter is remitted back to the Court below directing to consider I.A.No.894 of 2008 afresh, give opportunity to both parties and dispose of the same on merits after hearing both parties. No order as to costs. _______________ B. PRAKASH RAO, J Date: 09-09-2010 YCR