HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.3857 of 2009 Date : 19.08.2009 Between : Pindi Ravinder. …..Petitioner And Sri Ramoju Giribabu. …..Respondent HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.3857 of 2009 ORDER : This Civil Revision Petition under Article 227 of the Constitution, is directed against the order, dated 7th August 2009, passed by the learned II Additional Senior Civil Judge, Warangal, in I.A.No.642 of 2009 in O.S.No.480 of 2009. 2. By the aforesaid order, in the petition filed by the respondent herein in I.A.No.642 of 2009 under Order 38, Rule 5 of C.P.C., the Court below has directed the petitioner herein to furnish third party security for a sum of Rs.4,78,500/- on or before 07.09.2009, with a further direction for attachment of suit schedule property, if security is not furnished as referred above. 3. It is the case of the petitioner that the suit notice itself is issued by giving 15 days time from the date of receipt of such notice, and even before expiry of the said 15 days time, the Court below has passed exparte orders in I.A.No.642 of 2009, calling upon the petitioner herein to furnish third party security. 4. In this case, it is to be seen that the impugned order is only an ad interim order, and I.A.No.642 of 2009 is still pending consideration. In that view of the matter, if the petitioner seeks to contest the proceedings, he can as well approach the very same Court and file counter affidavit in the matter and contest the proceedings. 5. For the aforesaid reasons, I do not wish to go into the merits of the order impugned, at this stage, and permit the petitioner to file counter affidavit in the matter. However, if the attachment is not given effect to as on today, it shall not be given effect to for a period of ten days from today. In the meanwhile, petitioner can approach the trial Court and file counter and contest the proceedings. 6. Subject to above observations and directions, the revision petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 19th August 2009 N.B : Furnish C.C. by tomorrow. (b/o) ajr