THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 4746 of 2003 JUDGMENT : 1. This appeal, under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 (for short, ‘CPC’), has been preferred challenging the order dated 02.12.2003 in E.A. No.6 of 2003 in O.E.P. No.37 of 2001 in O.S. No.48 of 1999 on the file of the Senior Civil Judge, Srikalahasthi, whereunder and whereby the claim application filed under Order XXI Rule 58 CPC was dismissed. 2. Heard both sides. 3. In a decision of a Full Bench of this Court in Gurram Seetharam Reddy v. Gunti Yashoda[1], it is held that against the order passed in a petition under Rule 58 of Order XXI CPC, regular appeal under Section 96 CPC shall lie, but not miscellaneous appeal under Order XLIII Rule 1 CPC. Following the said decision, this Civil Miscellaneous Appeal is not maintainable and is, accordingly, dismissed, giving liberty to the appellant to file regular appeal. No costs. --------------------- 18.2.2011 (K.C.Bhanu, J.) DRK THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 4746 of 2003 18.2.2011 THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 4746 of 2003 18.2.2011 Between: Syed Mahatab Begum …Appellant And K.Balaiah & another …Respondents [1] 2004 (6) ALT 111