Appeal under Section 2(2) R/W Order 43 Rule 1(4) of CPC the order/decree in I.A.No.2962 of 2001 in O.S.No.42 of 2001 dated 08-08-2002 on the file of the Court of the I Additional District Judge, Ranga Reddy District at L.B. Nagar, Hyderabad.

INTRODUCTION

The following question is referred to this Full Bench: “whether an appeal against order as Civil Miscellaneous Appeal under Section 104 read with Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (CPC, for brevity) or a regular appeal under Section 96 of the CPC, is maintainable against the Judgment/order passed under Rule 11 of Order VII of the CPC?”

BACKGROUND

The plaintiffs 1 to 4 (hereinafter referred to as such) are the appellants in the Appeal Suit as well as Civil Miscellaneous Appeal. They instituted O.S.No.42 of 2001 on the file of the Court of the I Additional District Judge, Ranga Reddy District, for partition and separate possession of plaint A,B and C properties. It was claimed that plaintiffs and defendants Nos.1 to 18 (hereafter referred to as such) are descendants of one Molugu Ram Reddy, who died leaving behind six sons. The fifth and sixth sons died issueless, and plaintiffs and defendant Nos.1 to