HONOURABLE SRI JUSTICE B.PRAKASH RAO AND HONOURABLE SRI JUSTICE B.CHANDRA KUMAR Civil Miscellaneous Appeal No.4433 of 2003 JUDGMENT: (per the Hon’ble Sri Justice B.Prakash Rao) Heard both sides. The appellant herein is a garnishee who is aggrieved against the orders passed in I.A.No.791 of 201 in O.S.No.84 of 1999 dated 09/12/2002 on the file of the Court of V Additional District Judge, Visakhapatnam. The said application was filed seeking to recall an order passed on 18/07/2001 in I.A.No.495 of 2001 and the same was dismissed on the ground that there is no amount lying with it. Admittedly, having aggrieved against such an order where a request for recall of earlier order is rejected, the appellant should also file an appeal against the main order dated 18/07/2001. In the absence thereof, the present appeal is not maintainable and it is not open for the appellant to contest herein. Further, the suit is of the year 1999. Hence, we do not find any justification to interdict the proceedings under challenge. The Civil Miscellaneous Appeal is accordingly dismissed leaving it open for the appellant to raise all the contentions, if he is so advised, in the suit and the same would be considered and disposed of in accordance with law. No costs. _________________ B.PRAKASH RAO, J ___________________ B.CHANDRA KUMAR, J 03rd March, 2010 SKM