THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Civil Revision Petition No.5740 of 2009 ORDER: The respondent filed O.S.No.41 of 2009 in the Court of I Additional District Judge, Kadapa against the petitioner for recovery of a sum of Rs.43,00,000/-. He has also filed I.A.No.788 of 2009 under Order 38 Rule 5 of C.P.C. with a prayer to direct attachment of the properties held by the petitioner before judgment. The trial Court ordered notice and conditional attachment on 15.09.2009. The attachment could not be effectedwrit on the ground that the petitioner was not available. By the next date of hearing, the petitioner entered appearance and filed counter affidavit raising certain objections. However on 12.11.2009, the trial Court directed the enforcement of the order of conditional attachment. The same is challenged in this civil revision petition. Heard the learned counsel for the petitioner and the learned counsel for the respondent. Rule 5 of Order 38 C.P.C. prescribes the manner in which an order of attachment before judgment can be ordered. Once an ex parte order of conditional attachment is passed, the defendant in the suit shall have the right to enter appearance and make an attempt to convince the Court as to why the attachment is not warranted. Further steps can be taken only after considering the plea raised by the defendant. Once appearance is entered, the order of conditional attachment assumes a different character altogether. The trial Court ought to have taken into account, the objections raised by the petitioner, before it ordered the enforcement of the order of conditional attachment. Be that as it may, while issuing notice before admission, this Court passed an order suspending the order dated 12.11.2009 passed by the trail Court subject to the condition that the petitioner shall not alienate or otherwise encumber the schedule properties. The same arrangement can be continued requiring the trial Court to pass orders on merits of the matter. Therefore, the civil revision petition is disposed of directing that the arrangement directed by this Court in the interim order dated 02.12.2009 shall continue till the trial Court disposes of the I.A. on merits. The I.A. shall be disposed of within a period of three weeks from the date of receipt of a copy of this order. There shall be no order as to costs. __________ 11.02.2010 JSU THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Civil Revision Petition No.5740 of 2009 Date: 11.02.2010 JSU