SYNDICATE BANK SARASWATHIPURAM MYSORE Vs. B ANURADHA

JUDGEMENT

(1.) HEARD Sri g. v. thimmappaiah, learned counsel for the revisionist- petitioner, and Sri g. Sridhar for Sri g. Kasturi for respondents.

(2.) THIS revision petition under Section 115 of the CPC arises from the judgment and Order dated 24-8-1994 passed by the learned additional civil judge, mysore, whereby the learned civil judge has allowed the application moved by the present respondents 1 to 3 under Order 21, rule 58 of the CPC and has held that the property subject-matter of dispute in the proceedings which has been the subject-matter of attachment being the trust property, the said property could not be attached and in ordering the release of that property from being attached. In the course of arguments, a preliminary objection was raised by Sri sridhar that the revision is not maintainable because in view of Order 21, rule 58 (4), it has been provided that, an Order passed under Order 21, rule 58 shall have same force as that of decree and it shall also be subjected to appeal being maintained against it. Sri sridhar in this connection invited the attention of this court in the decision of Siddaramappa Rachappa Chiniwar and others v Shankaralingappa Veerappa Bilagi and others.

(3.) THIS preliminary objection has hotly been contested on be half of the petitioner. Learned counsel for the petitioner contended that the Order is not directly appealable to this court and therefore the revision is maintainable even if it is a decree.