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1952 Supreme(Mad) 280

RAGHAVA RAO
Venkata Reddi – Appellant
Versus
Ventrapragada Ramabrahmam – Respondent


Advocates Appeared:
M.S. Ramachandra Rao and S. Krishna Rao, for Petitioners; M.V. Nagaramiah, for Respondents.

Judgement

ORDER :- The petition presented under S.19, Madras Agriculturists Relief Act to the Court of First Instance where its decree had gone up on appeal and on second appeal also to this Court was returned by that Court for presentation to the proper Court on the ground that the proper Court was the Court of second appeal and not itself. To this view of the learned District Munsif, Mr. Krishna Rao urges his objection on the basis of a ruling in a Divisional Bench of this Court consisting of the present Chief Justice and Somasundaram J. in C.M.P. No.918 of 1950. Mr. Nagaramayya for the respondents has, however, invited me to dismiss this petition on the ground that there is an appeal rightly preferred against the order of the learned District Munsif to the Sub-Court, Vijayawada which is pending. The learned counsel for the respondents says that if the order under revision is an appealable order, I ought not to interfere in revision with the order in question. Mr. Krishna Rao seeks to get over the point made by Mr. Nagaramayya by saying that against the order of the learned District Munsif now under consideration no appeal can properly lie because all that S.141, Civil P.C. render





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