KONATI SWAMANNA Vs. GOLLA VENKATSWAMY

JUDGEMENT

(1.) Heard the learned counsel for the parties. Perused the material placed before me.

(2.) This revision is directed by the petitioner against the order dated 6.12.2004 passed in CFR No.3046 of 2004 in an unregistered CMA, which was filed under Order XLIII Rule l(j) of CPC, on the file of the Court of Senior Civil Judge, Nandikotkur, aggrieved by the order and decree passed on 29.10.2004 by the Trial Court in EA No. 148 of 2004 in E.P. No.70 of 2003 in O.S.No.31 of 2001.

(3.) The facts of the case appear to be that the petitioner filed an application before the Executing Court under Order XXI Rule 90 CPC and the same was dismissed by an order dated 29.10.2004 after conducting an enquiry. The said order was challenged by way of an appeal before the lower Appellate Court under Order 43 Rule 1(j) CPC, but, it seems that the same was rejected on the ground that no appeal lies against the order passed in an application under Order XXI Rule 90 CPC. Order XLIII Rule 1(j) reads as under: