1. These two appeals arise out of the order passed by the Additional District Judge, Bellary, dated 16.02.2004 passed on I.A. XV in I.C. No.2/75 and Ms. C. No.5/2000, wherein the learned District Judge has allowed the application filed under Sections 144 and 94 read with Section 151 of the Code of Civil Procedure in Ms. C. No.5/2000 with costs and has dismissed the application – I.A. XV filed under Sections 4 and 5 of the Provincial Insolvency Act, 1920 (for short, is filed by the applicants in I.A. XV and M.F.A. No 2873/2004 is filed by the respondents in MS. C. No.5/2000.

2. The material facts leading up to this appeal with reference to the rank of the parties before the trail Court are as follows:

M/s. Gavisiddeshwara and Company, a partnership Firm was constituted by late Sri Allum Karibasappa along with Sri Agadi Lakshminarayana Setty under the partnership deed dated 28.06.1963. The said Firm was reconstituted with three more persons namely, Singamasetty Subbarayudu, P. Govindappa Setty and T.G. Sathyanarayana Setty. Sri Allum Karibasappa was the major partner of the firm and Sri Agadi Lakshminarayana Setty was the convenor of the firm. On 31.03.1974, Sri Sathyanaray