THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL MISCELLANEOUS APPEAL No.1679 of 1998 JUDGMENT: The appellant filed O.S.No.294 of 1994 in the Court of Principal Subordinate Judge, Kakinada against respondent Nos.2 to 4 for recovery of certain amount. He has also filed an application under Order XXXVIII Rule 5 CPC and got attached an item of immovable property, before judgment. The first respondent filed I.A.No.1455 of 1995 with a prayer to raise the attachment claiming title to the property in himself. The trial Court allowed the I.A. through order, dated 22.08.1997. The same is challenged in this appeal. Heard Sri V.V.L.N.Sarma, learned counsel for the appellant and Sri V.Manoj, learned counsel representing Sri T.S.Anand, learned counsel for the respondents. Several contentions are urged by the learned counsel for the appellant vis-à-vis the order under appeal. However, the fact remains that the further proceedings in the suit were not stayed ever since 1998 and it is brought to the notice of this Court that the suit was decreed by the trial Court on 20.12.1999. It is not known as to whether the petitioner had taken any other steps to recover the suit amount. Therefore, the CMA has become infructuous and it is accordingly, dismissed. There shall be no order as to costs. _________________________ L.NARASIMHA REDDY, J 9th SEPTEMBER, 2009. kvni