THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CIVIL REVISION PETITION No.209 OF 2011 DATED:26.04.2011 Between: Nalla Gopinath. .... PETITIONER And Thota Anuja Devi. .... RESPONDENT ORDER: This Civil Revision Petition is directed against the order, dated 18.11.2010, in I.A.No.404 of 2010 in O.S.No.54 of 2010 on the file of the learned Senior Civil Judge, Bobbili, wherein the said application filed by the respondent herein-plaintiff seeking attachment of the schedule property belonging to the petitioner- defendant, was allowed. 2. Heard learned counsel for the petitioner- defendant. None appeared for the respondent-plaintiff though served with notice. Perused the record. 3. Respondent herein filed the suit for recovery of an amount of Rs.4,40,500/- due under a promissory note. She also filed I.A.No.404 of 2010 seeking attachment before judgment of the plaint schedule property belonging to the petitioner. The grievance of the petitioner herein is that the trial Court has directed attachment of the schedule property. Without giving any opportunity to the petitioner to furnish security attachment was ordered by the trial Court on the premise that the petitioner-defendant has not given any undertaking not to alienate the schedule property. 4. Learned counsel for the petitioner would submit that in a similar case between the same parties and in respect of the same property, this Court by order, dated 28.01.2011, in C.R.P.No.5762 of 2010 arising out of the order, dated 18.11.2010, in I.A.No.402 of 2011 in O.S.No.53 of 2010, allowed the Civil Revision Petition setting aside the order of attachment passed by the trial Court and directed the defendant to file an undertaking before the Court below to the effect that he would not sell the schedule property without the leave of the Court. 5. It is considered that having regard to the fact that the parties are one and the same and the property in respect of which attachment was ordered was also the same, similar order can be passed in the present case as well which would sufficiently safeguard the interest of both parties. In the circumstances, Civil Revision Petition is allowed setting aside the order, dated 18.11.2010, in I.A.No.404 of 2010 in O.S.No.54 of 2010 on the file of the learned Senior Civil Judge, Bobbili with a direction to the petitioner-defendant to file an affidavit before the trial Court within four weeks from the date of receipt of a copy of this order to the effect that he would not alienate the schedule property in any manner or create any third party interest thereon without the leave of the Court. In default of filing such an affidavit, the order of attachment shall remain in force. There shall be no order as to costs. _______________________ G.V.SEETHAPATHY, J 21st April, 2011. Tsy