THE HONOURABLE SRI JUSTICE A.GOPAL REDDY SA No.738/2009 Dt.15-10-2009 1.Yedida Ramamurthy (died) and others ..Appellants. V. 1. Bobbili Bhagya Lakshmi and another. Respondents. THE HONOURABLE SRI JUSTICE A.GOPAL REDDY SA No.738/2009 JUDGMENT This second appeal is filed under Sec.100 CPC against the judgment of the Senior Civil Judge, Amalapuram dt.13-3- 2008 made in CMA No.11/2005, whereunder appeal filed by the appellants against the decree and order dt.14-3-2005 made in EA No.475/2003 in EP No.21/2003 by the Principal Junior Civil Judge, Amalapuram was dismissed. The first appellant herein is the Decree Holder, and second respondent herein is the Judgment Debtor in EP No.21/2003. The first appellant herein filed EP against the second respondent for execution of the decree obtained in OS No.402/1989. The first respondent herein, who is the wife of the judgment debtor, and who is not a party to the suit, filed EA No. No.475/2003 in EP No.21/2003 in OS No.402/1989 before the Principal Junior Civil Judge, Amalapuram under Order 21 Rule 58(1) CPC r/w Sections 9 and 26 CPC to adjudicate her claim against the petition schedule properties and to raise the attachment over the suit schedule property. On allowing EA by the executing court by its order dt. 14-3-2005, the decree holder filed CMA No.11/2005 before the Senior Civil Judge, Amalapuram. During the pendency of the appeal, decree holder died and his LRS Appellants 2 to 6 were added as per orders in IA No.663/2007 dt. 6-12- 2007. Learned Senior Civil Judge, Amalapuram by his judgment dt. 13-3-2008 dismissed CMA confirming the decree passed by the executing court holding that in view of the Full Bench Judgment of this court in GURRAM SITA RAMA REDDY V. GUNTI YASHODA[1] held that against an order passed under Order 58(3) and Rules 98 and 100 of Order 21 CPC regular appeals under Sec. 96 but not miscellaneous appeal under Sec. 104 r/w Order 43 Rule 1 CPC are maintainable. Against which, the present second appeal has been preferred. Since the question whether appeal under Order 43 Rule 1 CPC r/w section 104 CPC against the orders passed under Order 21 Rule 58(3) CPC is maintainable or not is no longer res integra in view of the Full Bench judgment of this court in GURRAM SITA RAMA REDDY (1 supra), no substantial question of law arises for consideration in this second appeal. The Second Appeal fails and is accordingly dismissed at the stage of admission, granting liberty to the appellants to file a regular appeal along with petition to condone delay, if any. ______________ A.GOPAL REDDY,J Dt.15-10-2009 kmr [1] 2004(6) ALD 175