THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.910 of 2000 DATE:07.10.2009 Between: Angoori Devi Agarwal and another … Appellants And M/s. Ramakrishna Kulwant Rai Enterprises Limited, rep. by R.D.Gupta Director, regd. Office:Jeevan Tara, New Delhi and another … Respondents THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.910 of 2000 ORDER: The 1st respondent filed O.S.No.1728 of 1988 in the court of the III Senior Civil Judge, City Civil Court, Hyderabad, against the 2nd respondent, for recovery of certain amount. The suit was decreed. The decree became final and the 2nd respondent did not satisfy it. Therefore, the 1st respondent filed E.P.No.107 of 1996 and the executing court passed an order directing attachment of certain items of movable property. The appellants filed E.A.No.181 of 1996, under Order 21 Rule 58 CPC, claiming right and ownership of the said items. The executing court dismissed the E.A., through its order, dated 21.02.2000. Hence this appeal. Heard Sri N. Vasudeva Reddy, learned counsel for the appellants, and Sri M. Sudhakar Reddy, learned counsel for the 1st respondent. The only ground, on which the executing court dismissed the E.A., was that the items of movable property were not attached at all. The record discloses that though an order of attachment was passed, on account of non- cooperation on the part of the 1st respondent-decree holder, the attachment could not be effected. An occasion, to invoke Order 21 Rule 58 CPC, would arise, only when attachment of movable or immovable property was effected. Conversely, if attachment does not exist, an application under that provision becomes untenable. Accordingly, the Civil Miscellaneous Appeal is dismissed. It is, however, made it clear that in case, any items, in which the appellants have any interest or title, are attached, it shall be open to them to avail the remedy, in accordance with law. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY, J 7th October, 2009 CBS HON’BLE SRI JUSTICE L. NARASIMHA REDDY C.M.A.No.910 of 2000 7th October, 2009 CBS