B.KANTAMMA Vs. B.KRISHNA REDDY

JUDGEMENT

(1.) MRS . Jaya Roy, relying on the judgment of this Court in 2003(2) JLJR 71 (Jagendra Kaur V/s. Kali Prasad @ Kalu Prasad), submitted that the Second Appeal is maintainable against the impugned judgment. Mr. B.V. Kumar, appearing for the respondents does not dispute this position. Accordingly, it is held that the Second Appeal is maintainable.

(2.) APPELLANTS have preferred this appeal against the order dated 21.5.2007 passed in Misc. Appeal No. 30 of 2006, affirming the judgment dated 27.9.2006 passed in Misc. Case No. 1 of 2006 and rejecting the petition filed by the appellants under Order XXI Rule 97/101 read with Sec. 151 of the C.P.C. (hereinafter to be referred as Misc. Case).

(3.) THEN the appellants filed the said Misc. Case praying for dismissal of the Execution Case No. 5 of 1985, filed by the plaintiff, for executing the decree passed in the said Title Suit No. 5 of 1983 raising similar contentions raised in the said petition under Order 1 Rule 10 C.P.C.