IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWELVETH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5533 OF 2009 Between: Pappireddy Ravindra Reddy ..... PETITIONER AND Nagalapuram Adisesha Reddy ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.5533 OF 2009 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 29.10.2009, in I.A.No.948 of 2009 in O.S.No.628 of 2009 on the file of the Additional Senior Civil Judge, Tirupathi, whereunder and whereby, the amount which is in the hands of the garnishee was attached to the extent of suit amount. 2. The learned counsel for the petitioner contended that the order was not in accordance with law i.e., under Order XXXVIII Rule 5 of the Code of Civil Procedure (for short, “C.P.C.”), that no show-cause notice was issued directing the petitioner to furnish security or value thereof and therefore, he prays to set aside the impugned order. 3. The order of the trial Court attaching the garnishee amount to the extent of the suit amount, which was in the hands of the garnishee, is not in accordance with law i.e., under Order XXXVIII Rule 5 C.P.C. The trial Court ought to have ordered to issue notice to the petitioner herein calling upon the petitioner to furnish security and if the petitioner fails to furnish the security, the attachment of the garnishee amount to the suit amount should have been made. Therefore, the impugned order is modified directing the petitioner herein to furnish the security within a period of two weeks from today, failing which the amount, which was lying in the hands of the garnishee, shall be attached to the extent of suit amount. In the meantime, the garnishee shall not pay the amount to the petitioner. However, it is made clear that if the petitioner furnishes security, the garnishee can release the amount. 4. Accordingly, the Civil Revision Petition is disposed of with the above direction. There shall be no order as to costs. _______________ K.C. BHANU, J March 12, 2010 Note: Issue C.C. of the order within two days. B/O.MD/YVL