THE HONOURABLE SRI JUSTICE N.V. RAMANA AND THE HONOURABLE SRI JUSTICE R. KANTHA RAO Civil Miscellaneous Appeal No. 143 of 2011 JUDGMENT: (Per Hon’ble Sri Justice N.V. Ramana) This civil miscellaneous appeal is directed against the order dated 22.09.2010 passed in I.A. No. 805 of 2009 in O.S. No. 174 of 2009 by the I Additional District Judge, Visakhapatnam, allowing the petition filed by the respondent herein, plaintiff in the suit, and passing conditional attachment of the plaint schedule properties on failure of the appellants herein, defendants in the suit, to furnish security for the suit amount. When the matter is taken up for consideration today, learned counsel for the appellants-defendants submits that earlier when conditional attachment of item Nos. 1 to 3 of the petition schedule properties was ordered, the appellants-defendants approached this Court by filing C.R.P. No. 4347 of 2009, and in that C.R.P., they have filed an undertaking before this Court to the effect that they would not alienate items 1 to 3 of the plaint schedule properties. In view of the same, a learned Judge of this Court disposed of the said C.R.P., setting aside the order of the Court below to the extent of issuing conditional attachment and further directing that the said undertaking of the appellants shall remain in force till the disposal of I.A. No. 805 of 2009 on merits. Learned counsel for the appellants submits that in view of the said undertaking of the appellants-defendants, there is no necessity to issue conditional attachment and the order under appeal be, therefore, set aside. Learned counsel for the respondent-plaintiff did not dispute the factum of the appellants-defendants filing such undertaking before this Court in C.R.P. No. 4347 of 2009, and he agreed that, provided the appellants abide by that undertaking, there is no necessity for conditional attachment. In the circumstances, we deem it appropriate to dispose of the civil miscellaneous appeal as under: “The order under revision dated 22.09.2010 passed in I.A. No. 805 of 2009 in O.S. No. 174 of 2009 is set aside. However, the appellants-defendants are directed not to alienate the plaint schedule properties, till the disposal of the suit. Further, the Court below is directed to dispose of the suit as expeditiously as possible.” The civil miscellaneous appeal is accordingly disposed of. No order as to costs. _____________ N.V. RAMANA, J _______________ R. KANTHA RAO, J 13th April, 2011 IBL