CHUPPALA OBULESU Vs. GOTTIMUKKAL SUBBARAYUDU

JUDGEMENT

(1.) HEARD Sri D. Raghava Reddy learned Counsel representing the appellant.

(2.) THIS civil miscellaneous second appeal is coming up for admission. The appellant herein preferred the present appeal being aggrieved by an order dated 28. 7. 2008 made by the learned First additional District Judge, Kadapa in AS no. 106 of 2005 confirming the order dated 4. 10. 2004 made in I. P. No. 49 of 2002 on the file of the Senor Civil Judge, Kadapa filed by one of the creditors to annul the alienation and the said I. P. was allowed declaring the first respondent therein as an insolvent and also annulling Ex. A5 document the secured creditor, being aggrieved by the same, carried the matter by way of appeal AS No. 106 of 2005 aforesaid and the said appeal was dismissed. Aggrieved by the same, the secured creditor preferred the present appeal.

(3.) THE learned Counsel for the appellant would contend that though initially he presented C. R. P. , in the light of the objection raised by the Registry, after complying with certain formalities the same was registered as civil miscellaneous second appeal and thus it is coming up for admission before this Court.