(1.) Respondents in C.R.P.No. 6082 of 2003 had moved C.M.P.No. 28786 of 2003 in C.M.P.No. 26985 of 2003 to vacate the interim order passed in C.M.P.No. 26985 of 2003 in C.R.P.No. 6082 of 2003 and at the stage of hearing of the vacate application, Smt. C. Jayashree Sarathy, the learned counsel representing the vacate petitioners, had raised an objection relating to the maintainability of the Civil Revision Petition on the ground that the order impugned is an interim judgment and decree made in accordance with the provisions of Order 12, Rule 6 of Code of Civil Procedure (C.P.C.) and hence it is appealable and definitely not revisable.
(2.) Heard the learned counsel on record relating to the preliminary objection raised by the learned counsel representing respondents in the Civil Revision Petition- vacate petitioners in C.M.P.No. 28786 of 2003.
(3.) The present Civil Revision Petition is filed under Article 227 of the Constitution of India as against the order and decree passed by the III Additional Chief Judge, City Civil Court, Hyderabad, made in I.A.No. 1767 of 2002 in O.S.No. 203 of 2002, dated 10-12-2002. The respondents in the Civil Revision Petition moved I.A.No. 1767 of 2002 in O.S.No. 203 of 2002 on the file of III Additional Chief Judge, City Civil Court, Hyderabad, under Order 12, Rule 6 read with Section 151 of C.P.C. for giving direction to the respondent-defendant to tender an amount of Rs. 14,45,000.00 to the revision petitioners out of the suit amount as an interim measure pending disposal of the main suit. At para 5, the learned Judge had framed the following points for consideration: