B NOOKARAJU Vs. M S N CHARITIES

JUDGEMENT

(1.) This Miscellaneous Appeal is filed 'against an order passed in an Execution Application filed under Order 21, Rule 58 (1) of the Civil Procedure Code by the appellant herein holding that he has not established his claim over the petition schedule property. ''

(2.) At this inception stage, the simple question that arises for our consideration in this matter is, whether it is a 'regular Appeal or a 'Miscellaneous Appeal' that lies against an order passed after adjudication in a claim petition filed under Order 21, Rule 58 of the Civil Procedure Code as a manned in 1976.

(3.) In the Court of the Subordinate Judge, Pithapuram, during the course of Execution proceedings, a petition was filed under Order 21, Rule 58 of the Civil Procedure Code claiming that the property under attachment belongs to the claimant/appellant and not to the Judgment-debtor. That claim petition was rejected on merits holding that the appellant did not establish his claim over the property in question.