IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.3969 OF 2011 Date:16.09.2011 Between: Mekala Raju .....Petitioner AND P. Chandra Reddy ....Respondent THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3969 OF 2011 ORDER: 1. This revision is directed against the order dated 07.04.2009, in IA No.566 of 2009 in O.S.No.11 of 2009, passed by the Principal District Judge, Kurnool, whereunder and whereby in the application filed by the respondent herein under Order XXXVIII Rule 5 and Section 151 CPC, for attachment of the petition schedule property before judgment, the trial court directed the respondent herein to furnish security for the suit amount of Rs.13,88,046/- within 48 hours from the date of receipt of notice, failing which, ad-interim attachment order was ordered to be issued. 2. Heard the learned counsel for the petitioner. None appeared for the respondent. 3. The learned counsel for the petitioner contends that no notice was given prior to the attachment of the property and hence he prays to set aside the impugned order. 4. Order XXXVIII Rule 5 of C.P.C reads thus: Where defendant may be called upon to furnish security for production of property. (1) Where at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, (a) is about to dispose of the whole or any part of his property, or (b) is about to remove the whole or any part of his property from the local limits of the jurisdiction of the Court the Court may direct the defendant, within a time to be fixed by it, either to furnish security, in such sum as may be specified in the order, to produce and place at the disposal of the Court, when required, the said property or the value of the same, or such portion thereof as may be sufficient to satisfy the decree, or to appear and show cause why he should not furnish security. (2) The plaintiff shall, unless the Court otherwise directs, specify the property required to be attached and the estimated value thereof. (3) The Court may also in the order direct the conditional attachment of the whole or any portion of the property so specified. (4) If an order of attachment is made without complying with the provisions of sub-rule (1) of this rule, such attachment shall be void. In view of the above provision when the trial court directed the petitioner/respondent to furnish the security for the suit amount before judgment, within 48 hours from the date of receipt of notice in the matter, the petitioner/respondent failed to comply the same, and so, the order under challenge needs no interference. There are no merits in the revision. 6. Accordingly, the C.R.P is dismissed. No costs. _​_____________________ JUSTICE K.C.BHANU 16.09.2011. Gk. THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.3969 OF 2011 Date: 16.09.2011 Gk.