HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 4914 OF 2009 Friday, the Twenty Fifth day of February, Two Thousand and Eleven Between A.V.V. Satyanarayana Rao Petitioner AND Smt. Mudunuru Sunitha and others Respondents ORDER: It is the case of the petitioner that the first respondent herein filed suit OS No.1058 of 2008 on the file of the Principal Senior Civil Judge, Visakhapatnam, against the petitioner and the second respondent herein alleging that both of them have jointly borrowed a sum of Rs.1.00 lakh from the plaintiff repayable on demand. But the said amount was not paid and for non-payment of the said amount, the said suit was filed. Pending disposal of the suit, the plaintiff filed a petition in IA No. 343 of 2009 in OS No. 1058 of 2008 on the file of the Principal Senior Civil Judge, Visakhapatnam under Order 38 Rule 5 CPC for furnishing security to the extent of suit value of Rs.1,50,000/- and in the meanwhile to pass an order of conditional attachment before judgment of the retirement benefits of the petitioner herein. It is stated that the petitioner herein has worked as Conductor and the retirement benefits payable to the petitioner were attached prohibiting the third respondent from paying the retirement benefits. It is stated that the retirement benefits are not liable for attachment under Section 60 of the Code of Civil Procedure and, therefore, the said order of the court below dated 28.3.2009 is illegal and unsustainable. Copy of the detailed order has not been filed but only the prohibitory order issued to the Garnishee prohibiting the third respondent from paying the retirement benefits to the petitioner herein, subject to Sec. 60 C.P.C. alone is filed. As the said order is required, this court by order dated 19.11.2010 insisted the petitioner to file copy of the detailed order in IA No. 343 of 2009 in OS No. 1058 of 2008 within a period of two weeks. Thereafter, the matter underwent four adjournments and by order dated 11.2.2011, while adjourning the matter finally for two weeks this court directed the petitioner to produce copy of the said order, failing which the Civil Revision Petition stands dismissed. The said order dated 11.2.2011 is not complied with. Consequently, the Civil Revision Petition stands dismissed as no application is filed seeking time or to modify the said order dated 11.2.2011. The Civil Revision Petition accordingly stands dismissed. No order as to costs. ___________________ Justice V.Eswaraiah February 25, 2011 MAS