A. SEETARAM REDDY, J.

( 1 ) THE revision petition which raises rather important points, arises under the following circumstances:-

( 2 ) THE Execution petition No. 341/74 in O. S. No. 100/67 was filed for the execution of the decree in A. S. No. 94/69 allowing the appeal preferred against the dismissal of O. S. No. 199/67.

( 3 ) TO the said E. P. objections were filed stating inter alia that the decree was inexecutable inasmuch as it was merely a declaratory decree. The objections were overruled and the E. P. was allowed. The appeal A. S. 135/76 preferred against that order was dismissed. Hence this revision.

( 4 ) PENDING A. S. No. 135/76 the revision-petitioner - Judgment-debtor herein filed O. S. No. 285/78 challenging that the decree obtained in a. S. No. 94/69, as inexecutable and pending the O. S I. A No. 3058/79 was filed for injunction restraining the respondent-decree-holder herein from executing the decree; when rejected C. M. A was filed in this Court and therefore the C. R. P. as well as the C. M. A should be disposed of by a common order.

( 5 ) BEFORE adjudicating upon whether the decree is inexecutable the circumstances in brief that led to this revision may be noticed.

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