( 1 ) THIS civil revision petition is preferred under Article 227 of the constitution of India as against the order made in IA No. 2582 of 2003 in A. S. No. 471 of 2003 on the file of the III Additional chief Judge, City Civil Court, Hyderabad.

( 2 ) THE application was moved by the respondent-petitioner under Order 39, Rules 1 and 2 read with Section 151 of the Code of civil Procedure to grant temporary injunction. The said application was allowed, and aggrieved by the same; the present civil revision petition is filed. It is not in controversy that in a pending First Appeal, an application praying for relief of temporary injunction under Order 39, Section 151 of cpc was moved and as against this order, civil Miscellaneous Appeal under Order 43, rule 1 CPC would lie.

( 3 ) SRI Srinivas, learned Counsel representing the revision petitioner made a request praying for permission to convert the Civil Revision Petition into one of Civil miscellaneous Appeal.

( 4 ) SRI Niranjan Reddy, learned counsel representing the respondent would contend that, inasmuch as an interim order was obtained, liberty may be given to the revision petitioner to move appropriate application in the said proposed Civil miscellaneous Appeal.

( 5 ) HEARD both the Counsel.

( 6 ) IN K. Gangulappa Naidu and others v. K. Gangi Naidu, AIR 1982 AP 284, it was held that in a regular appeal pending before the Appellate Court, if an order is passed under Order 39, Rules 1 and 2 of code of Civil Procedure, an appeal is maintainable under Order 43, Rule 1 CPC, inasmuch as such orders are appealable orders under Order 43 of the CPC. In view of the same, there cannot be any controversy that as against the impugned order, Civil miscellaneous Appeal alone is maintainable. But, it is pertinent to note that Civil miscellaneous Appeal also would lie to the self, same Court.

( 7 ) IN the facts and circumstances of the case, the revision petitioner is permitted to convert the Civil Revision Petition into civil Miscellaneous Appeal under Order 43, rule 1 CPC, after complying with all the necessary formalities, and liberty also is given to the petitioner to move appropriate applications in the said appeal.

( 8 ) IT is needless to say that this court holds that the Civil Revision Petition is not maintainable. The interim order automatically comes to an end and it does not survive.

( 9 ) OFFICE is directed to post the Civil miscellaneous Appeal along with the said application before an appropriate Bench at the earliest point of time after the revision petitioner complying with the necessary formalities.