RAMAKRISHNAN, J.:- These two unnumbered appeals are posted before us on a reference made by Balasubramanyan, J. The question posed before the learned Single Judge and referred for decision is whether the orders challenged in the two appeals have the force of decrees attracting an appeal under Section 96 of the Code of Civil Procedure or whether they are merely orders conferring a right of appeal on the appellant under Order XLIII Rule 1 C.P.C. Being a question relating to the practice to be followed generally by the Courts in the matter of entertaining appeals, the leamed Single Judge was of the view that there should not be any confusion on the question and as such it is only proper to refer the question to a Division Bench for an authoritative pronouncement on the question. Incidentally, the learned Judge has also pointed out in the order of reference the correctness of the decision reported in Ali v. Muhammed Ali (ILR 1995 (3) Ker 383). As such it is necessary to consider the correctness of the said decision also.

2. The appeals filed are against the orders passed in two claim petitions, I.A.No. 217 (a) of 1994 in O.S.No. 341 of 1994 and I.A.No. 220(a) of 19