order in order 21 rule 58 Petition - No regular appeal is contemplated as provided u/s 96 of C.P.C. But a Civil Miscellaneous Appeal alone is Maintainable.

Citation

CDJ 2007 MHC 2685

P. Madhavan & Another Versus Periyakaruppan & Another

Head Note

Code Of Civil Procedure, 1908 – Section 115, 2(2)(a), 104(1)(i) - Order 21 Rule 58, Rule 58 (4) - The execution Court after going through the decree made in O.S.No.164 of 1996, found that charge was created only with regard to 'A' schedule property and there was no decree for the 'B' schedule property held that the entire 'B' schedule property is to be discharged from the execution proceedings. In so far as the 'A' schedule properties are concerned, the execution Court directed the Revision petitioners to file a separate suit in respect of their claim and thereby dismissed their claim in respect of 'A' schedule property - the above revision petition filed u/s 115 of C.P.C is not at all maintainable and the proper remedy for the Revision petitioners is, to file a C.M.A before the appropriate Court - Civil Revision petition is dismissed as not maintainable. No Costs