ORDER:

I have heard both sides. The learned counsel for first respondent/claimant would submit that revision petition is not maintainable against the orders passed by executing Court under Order XXI Rules 58 and 97 of Civil Procedure Code. He placed reliance on the ratio laid down by the Full Bench of this Court in Gurram Seetharam Reddy Vs. Gunti Yashoda and Another1. For which, learned counsel for revision petitioner fairly contended that as per ratio laid down in Full Bench judgment, he prays to pass necessary orders giving liberty to the revision petitioner to work out appropriate remedies by filing regular appeal.

2. This Court in Gurram Seetharam Reddy Vs. Gunti Yashoda and Another case (referred supra) after elaborately discussing precedent law and provisions of Civil Procedure Code held at paras 42 and 43, which reads as under:

<42. For the foregoing reasons, we hold that;

a) Against the orders passed under Rule 58(3) and Rules 98 and 100 of Order 21 C.P.C. regular appeals under Section 96 and not miscellaneous appeals under Section 104 read with Order 43 Rule 1 C.P.C. are maintainable and that the judgment of this Court in

1 AIR 2005 AP 95(FB)

Nookaraju’s case (1 supra) does not