CRP 307/2007 BEFORE HON’BLE MR. JUSTICE BP KATAKEY The plaintiff in Title Suit No. 57/2004, by the present application, has sought to invoke the jurisdiction of this Court under Article 227 of the Constitution i n challenging the order dated 7.5.2007 passed in Misc. Case No. 120/2004 whereby and whereunder it has been held by the learned court below that the application filed by the present respondent Nos. 4 to 10 under Order 38 Rule 8 CPC, for rel easing the property mentioned in the schedule to the application seeking attachm ent before judgment, from attachment, is maintainable. Admittedly the said application filed under Order 38 Rule 8 CPC is yet to be adj udicated. The order of attachment before judgment passed by the learned court be low on the prayer of the present petitioner has not yet been interfered with. That being the position, I am not inclined to interfere with the order dated 7.5 .2007 passed by the learned court below in Misc. Case No. 120/2004 in exercise o f the jurisdiction under Article 227 of the Constitution of India. The learned court below now shall proceed to adjudicate the application filed un der Order 38 Rule 8 of the CPC and while adjudicating the same, it is open to th e petitioner to raise all the objections that may be legally raised. The revision petition is accordingly disposed. Since by the application under Order 38 Rule 8 CPC the prayer for releasing cert ain property from attachment has been made, the learned court shall make an ende avour to adjudicate the matter within a period of three months from today.