M R BRAHMAIAH Vs. MOHD IBRAHIM KHAN

JUDGEMENT

(1.) The appellant In C.M.A. No. 269/1977 and CMA. No. 270/ 1977 is the respondent in E A.No. 95/1976 and E.A.No. 101/1976 respectively in E.P.No. 27/1976 and he preferred the two appeals having been aggrieved with the common order passed by the II Additional Judge, City Civil Court, Hyderabad in E.A.Nos. 95/1976 and 101/1976 in E.P.No. 27/1976. C.M.A. Nos. 361 and 362 of 1977 are preferred by the petitioners in E.A Nos. 95 and 101 of 1976,

(2.) These appeals were originally posted before our learned brother Madhava Reddy, J. The learned Judge felt that an important question of law as to whether a petition under order 21 Rules 99, 100 and 101 of Code of Civil Procedure pending on the date of the commencement of the amended Civil Procedure Code should be enquired into and disposed of in accordance with the amended Code of Civil Procedure or in accordance with the old Code of Civil Procedure in force on the date of the presentation cf that petition.

(3.) The learned Judge observed that this question would arise for consideration in several execution matters pending in the lower courts as well as in appeals preferred against the orders passed therein and in his opinion, an authoritative decision of this Court is necessary to guide the executing Courts and that apart, the property which forms the subject-matter of these execution proceedings also is stated to be of the value of over Rs. 20,000/- and the execution proceedings related to a decree of over 20 years. The learned Judge, therefore, deems it just and necessary that these appeals should be disposed of by a Division Bench and the learned Judge submitted the records to the Chief Justice. In those circumstances, His Lordship, the Chief Justice, referred this matter to this Bench.