ARIF ABDUL GHANI Vs. S MAHESHWAR RAO

JUDGEMENT

(1.) This batch of civil miscellaneous appeals may be disposed of by a common order as they arise out of a common order passed by the learned senior Civil Judge, City Civil Court, Hyderabad, allowing the applications filed by each of the respondents/claim petitioner, purported to have been filed under Order 21, Rule 97 of the Code of Civil Procedure. The petitions filed by them are more or less similar and raise the same question. The learned Judge upheld the plea of the respondents/claim petitioners and their objections for execution of the decree in EP No.41 of 1984. The claim petitions were accordingly allowed. Hence these civil miscellaneous appeals by the Decree holders.

(2.) In all these appeals, learned Counsel for the appellants, Sri Mohd. Ghulam Hussain, contends that the trial Court has committed serious errors in allowing the claim petitions filed by the respondents/ claimants. It is submitted that the trial Court failed to follow the mandatory procedure provided under Order 21, Rule 101 of the Code of Civil Procedure (for short 'the Code'). It is also urged that the lower Court failed to record any findings whatsoever on the actual question that arises for consideration in the claim petitions. It is not clear and evident from the order passed by the learned trial Judge as to what is the relief granted to the petitioners in the matter.

(3.) Sri Mohd. Imtiaz, learned senior Advocate, appearing on behalf of Sri Murli Narayana Bung, learned Counsel for the respondents/claim petitioners submits that the order under appeal does not suffer from any infirmity. The learned trial Judge discussed each and every aspect of the matter and accordingly upheld the objections put forth by the respondents/claim petitioners. It is urged that the appellants herein have gone to the extent of tampering with the Court record, which has been noticed by the trial Court in reaching its conclusions. The order under challenge does not require any interference by this Court.