D. V SHYLENDRA KUMAR, J.

( 1 ) THIS is a very peculiar revision petition which is directed against the order dated 28-5-2002 passed on a memo which had been numbered as r. A. 21 of 2001 on the file of the Court of the Civil Judge (Senior division), Madikeri. By the impugned order, the learned Civil Judge had directed that the appeal shall be registered as execution appeal instead of as R. A. No. 21 of 2001 inasmuch as the appeal arises out of Ex. Case no. 125 of 1995 on the file of the Principal Civil Judge (Junior Division), madikeri.

( 2 ) IT is on this controversy as to whether the said appeal should be designated as a regular appeal or as an execution appeal, the present revision petition is preferred.

( 3 ) I have heard Sri Abdulla, learned Counsel for the petitioners and sri Gaurishankar, learned Counsel for first respondent.

( 4 ) THE brief facts leading to the above revision petition are that the present revision petitioner is a person who has filed an application under Order 21, Rule 97 of the Code of Civil Procedure ('cpc', for short) in ex. Case No. 125 of 1995 on the file of the Court of the Principal Civil judge (Junior Division), Madikeri, as an obstructer when the dec

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