THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5901 of 2007 Date of Order: 20-12-2010 Between: Simhadri Naga Mallikarjuna Rao ..Petitioner and Sriram Subbannna ..Respondent The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.5901 of 2007 Oral order: This revision is directed against the order of the Senior Civil Judge, Avanigadda in dismissing I.A.No.395 of 2006 in O.S.No.42 of 2006, dated 17-08-2007 filed for attachment before judgment to attach the decree in O.S.No.3 of 2001 in E.P.No.17 of 2005. The petitioner/plaintiff filed the suit—O.S.No.42 of 2006 for recovery of the suit amount and subsequently he filed the above I.A. for attachment before judgment to attach the decree in O.S.No.3 of 2001 in E.P.No.17 of 2005 obtained by the defendant. The defendant/decree holder contested the said I.A. stating that he obtained the decree against one Thatavarthi Srinivasulu and one another and also filed E.P. for recovery of the amount by sale of the mortgaged property. In order to avoid execution of the decree and to harass the defendant, petitioner filed this petition at the instance of judgment debtors in the suit—O.S.No.3 of 2001 suit, viz., Srinivasulu and his wife, Lakshmi Kanthamma, who are the family members of the petitioner/plaintiff; the defendant got so many properties but he never tried to alienate the same. The lower court accepting the plea that defendant is having sufficient property to realise the amount due and in the event of decree is passed, petitioner is at liberty to proceed against the defendant but cannot proceed against the mortgage property in court auction dismissed the I.A. The impugned order passed by the lower court does not suffer from any manifest illegality warranting interference. _________________ A.GOPAL REDDY, J. 20-12-2010 Murthy