THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.857 of 2001 JUDGMENT:- 1. Heard the learned counsel. 2. This Civil Miscellaneous Petition is filed against an order dated 4th September, 2000 made in E.A.No. /2000 in E.P.No.14 of 2000 in O.S.No.5 of 1997 (G.R.No.5242/24.08.2000) on the file of the Principal Senior Civil Judge, Srikakulam. 3. The order under challenge reads as hereunder:- “Petition filed under Order 21 Rule 58 C.P.C. and Section 151 C.P.C. to hold that the petitioner is having a right title and interest in the petition schedule property; b) to recognize the claim of the petitioner in the petition schedule property and to cancel the sale in the above E.P. and costs of the petition. Perused the record. There is no attachment of property and that it is under a mortgage. Therefore, the petition under Order 21 Rule 58 read with Section 47 C.P.C., is rejected.” 4. In the light of the reasons recorded by the learned Principal Senior Civil Judge, Srikakulam, this Court is of the considered opinion that inasmuch as there is no illegality or legal infirmity, this Civil Miscellaneous Appeal is liable to be dismissed. 5. Accordingly, the Civil Miscellaneous Appeal is dismissed. No order as to costs. ________________ P.S.NARAYANA, J DATED:1st July, 2010 bud THE HONOURABLE SRI JUSTICE P.S.NARAYANA C.M.A.No.857 of 2001 DATED: 01.07.2010