IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4810 of 2007 Between: C.Paramesh ..... PETITIONER(S) AND G.Jaya Ram .....RESPONDENT(S) HON’BLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.4810 of 2007 ORDER: Heard the learned counsel for petitioner. Though served, none appeared for the respondent. Petitioner is the defendant who seeks to assail the correctness of the order purported to have been passed in an application filed under Order XXXVIII Rule 5 C.P.C. seeking attachment of the petition schedule property before judgment. The Court below, without conducting any inquiry and without giving any finding, ordered for attachment of the petition schedule property before judgment. However, this Court had granted interim stay in CRP MP No.6360 of 2007 dated 22.11.2007 on condition of the petitioner depositing Rs.1,00,000/- before the trial Court within a period of four weeks. Learned counsel for the petitioner submits that the petitioner has made the deposit Rs.1,00,000/-. In view of the submission, it is not necessary to go into the merits of the orders passed in the interlocutory application by the trial Court in as much as the main suit can be disposed of. The revision petition is accordingly allowed and the order dated 31.01.2007 in I.A.No.557 of 2006 in O.S.No.306 of 2006 on the file of the Additional Senior Civil Judge, Anantapur, is set aside. The trial Court shall decide the main suit itself after regular trial on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order. It is also made clear that the amount so deposited in terms of the orders of this Court shall remain to the credit of the suit till disposal of the suit and subject to the result of the suit. No costs. ____________________ B.PRAKASH RAO, J 24th June, 2010 CVRK