C.R. No.1740 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No.1740 of 2009 Date of Decision : 04.08.2009 Dr.Sohan Lal Arora .....Petitioner versus Sagar Singh Dua and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Gurpreet Singh, Advocate, for the petitioner. Mr.B.S.Bedi, Advocate, for respondent No.1. Mr.Amit Rawal, Advocate, for respondent No.2. -.- Surya Kant, J. This revision petition is directed against the order dated 22.1.2009, passed by the Civil Judge (Junior Division), Chandigarh, whereby, on an application moved under Order 38 Rule 5 CPC, the petitioner's house No.1297, Sector 18, Chandigarh, has been attached. The respondent No.1 has filed a suit for possession by way of specific performance of the agreement to sell dated 21.8.2006. According to the respondent-plaintiff, the petitioner agreed to sell the House No.161, Sector -8, Chandigarh and received earnest money of Rs.1,00,00,000/- (Rs.one crore) from him. As the petitioner allegedly failed to honour the agreement to sell, the subject suit has been filed, in which as an alternative relief, the respondent-plaintiff has sought recovery of Rs.2,00,00,000/- (Rs.two crores) i.e. double of the earnest money with interest, from the petitioner and respondent No.2. C.R. No.1740 of 2009 2 The respondent-plaintiff moved an application under Order 38 Rule 5 read with Section 151 CPC, inter-alia, alleging that out of the earnest money of Rs.1 crore, which he had paid, the petitioner-defendant has purchased the house No.1297, Sector-8, Chandigarh, therefore, the said property may be attached to protect his rights in the civil suit. The learned trial court has accepted that application vide the impugned order dated 22.1.2009. While issuing notice of motion on 27.3.2009, this Court took notice of the petitioner's contention that he will secure the interest of the respondent No.1-plaintiff, as is sought to be claimed by him, by providing the alternative security. After arguing at some length, learned counsel for the petitioner submits that he is ready to honour the statement made before this Court on 27.3.2009. In this view of the matter, this revision petition is allowed in part and the impugned order is modified to the extent that the petitioner may approach the learned trial Court and furnish either sufficient bank guarantee and/or the title deeds of any other immovable property, to the satisfaction of the learned trial Court. On furnishing thereof, the orders regarding attachment of House No.1297, Sector 18, Chandigarh, shall stand set- aside/vacated. Disposed of accordingly. Dasti. 04-08-2009 (SURYA KANT) Mohinder JUDGE