This civil miscellaneous appeal is filed under Order 43 Rule 1 of the Code of Civil Procedure (hereinafter in short referred to as 'the Code' for the purpose of convenience) by the appellants-respondents-defendants in I.A.No.52 of 2000 in O.S.No.92 of 2000 on the file of the Court of the Agent to Government at Khammam.

2. The relevant portion of the order, which is impugned in the present civil miscellaneous appeal, reads as hereunder.

"Basically the Sy.No.179/A is having large extent of Ac.2520-30 gts. And an extent of Ac.600-00 is also recorded against Sy.No.179/AA, in the name of the six joint pattedars. The land in dispute was got surveyed and as per the report of the Mandal Revenue Officer, Singareni and according to the survey report and sketch, it goes to show that the disputed land is in the occupation of the petitioner/plaintiff and thus the balance of convenience lies with the petitioner-plaintiff. Accordingly, ad-interim (temporary) injunction is hereby granted in favour of the petitioner/plaintiff restraining the defendants and their men etc., claiming with the possession and enjoyment of the suit schedule property."

Aggrieved by the said order dated 20.3.2002 made in I.A.No.52 of 2000 in O.S.No.92 of 2000 by the Agent to Government at Khammam, the defendants had preferred the present civil miscellaneous appeal.

3. The main ground raised is that the interim order made cannot be sustained in the light of the judgments made in O.S.No.21 of 1993 and O.S.No.91 of 1999. Learned counsel representing appellants also made elaborate submissions relating to the maintainability of the civil miscellaneous appeal and would contend that inasmuch as the Andhra Pradesh Agency Rules, 1924 (hereinafter in short referred to as 'the Rules' for the purpose of convenience) being silent on this aspect, since there is no inconsistency or conflict, the appellants have a right to prefer an appeal under the provisions of the Code. The learned counsel also had drawn the attention of this Court to Rules 2, 35, 39, 42, 47, 50, 57 and 59 as well and would submit that in the light of the broad scheme of the rules since as against the orders of this nature either granting temporary injunction or declining to grant temporary injunction no specific provision as such is provided for, the civil miscellaneous appeal would lie to this Court.

4. The order, which is impugned in the present civil miscellaneous appeal, was made by the Agent to Government at Khammam. It is not in serious controversy that the rules are applicable by virtue of Section 6 of the Scheduled Districts Act, 1874. The Governor was pleased to make the following rules for the administration of the Agency tracts of the State of Andhra Pradesh and for the regulation of the procedure of the Officers appointed to administer them.

Rule 2 deals with interpretation Clauses and Rule 2 (1) specifies that decree shall include orders passed under rules 39 (1) and 43 (3) but not orders under rules 33 and 35.

Rule 39 deals with investigation of claims and objections to execution. Rule 43 (3) specifies that where a receiver-

(a) fails to submit his accounts at such periods and in such form as the Court directs, or

(b) fails to pay the amount due from his as the Court directs, or

(c) occasions loss to the property by his willful default or gross negligence, the court may direct his property to be attached and may sell such property and may apply the proceeds to make good any amount found to be due from him or any loss occasioned by him, and shall pay the balance (if any) to the receiver.

Rule 33 deals with decrees against such Rajas and Chiefs and the Agent to the State Government may exempt from the ordinary process shall be executed in accordance with rules that may be specially prescribed with sanction of the State Government.

Rule 35 deals with where it is sought to execute within the Agency tracts a decree passed by a Court in India situated outside the said tracts, the procedure to