THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.64 OF 2011 DATED: 11-02-2011. Between Rayapati Krishna Rao … Petitioner And B.Sambasiva Rao …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.64 OF 2011 JUDGMENT: This appeal is directed against the order, dated 24-01-2011, in I.A.No.51 of 2011 in O.S.No.9 of 2011, on the file of the Senior Civil Judge, Mangalagiri. 2. When the appellant was going to alienate the property with a view to defeat or defraud the decree that may be passed against him, the application was filed under Order XXXVIII Rule 5 CPC. The trial Court while issuing notice to the appellant, directed him to furnish third party security to the amount within 48 hours from the time of receipt of notice, failing which attach the petition schedule property. 3. Learned counsel for the appellant submits that no time was fixed in the notice and therefore, he could not furnish the security. But as seen from the impugned order, 48 hours was fixed from the time of receipt of notice. Therefore, it is the duty of the appellant to furnish third party security. Since third party security has not been furnished, the order was given effect to. Hence, there are no grounds to interfere with the same. 4. Accordingly, the Civil Miscellaneous Appeal is dismissed giving liberty to the appellant to file application to raise the attachment after giving third party security to the property. No costs. -------------------- K.C.BHANU, J DATED: 11-02-2011 Hsd