THE HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.4641 of 2009 DATE: 15.10.2009 Between: Paturi Sudharani ……Petitioner and Maridi Venkat Rao and another ……Respondents THE COURT MADE THE FOLLOWING: ORDER: This Civil Revision Petition is filed under Article 227 of the Constitution of India against the order, dated 22.06.2009, passed by the III Additional Senior Civil Judge, Kakinada in I.A.No.51 of 2008 in O.S.No.583 of 2007. The petitioner, who is a third party to the attachment of the petition schedule property, filed the above Interlocutory Application under Order XXXVIII Rule 8 C.P.C to raise the attachment. The Court below, by the impugned order dismissed the Interlocutory Application rejecting the request of the petitioner. Learned counsel for the petitioner submitted that when the agreement of sale was entered into prior to the attachment, which was torned out at the time of registration of sale deed, it will prevail over the attachment. I do not see any force in the above said submission since the recitals in the said sale deed do not indicate any prior agreement of sale. Further, Section 92 of the Indian Evidence Act, 1872 also prohibits leading of oral evidence of any oral agreement contrary to the recitals in the sale deed. In the circumstances, the impugned order does not suffer from any illegality warranting interference by this Court. Since it is also submitted by the learned counsel for the petitioner that the petitioner is prepared to deposit the entire suit claim, it is always open for the petitioner to move the Court below for appropriate relief, as per law. The Civil Revision Petition is accordingly dismissed. There shall be no order as to costs. __________________ A. GOPAL REDDY, J Date: 15.10.2009 va