GUNTUPALLI RAMA SUBBAYYA Vs. GUNTUPALLI RAJAMMA

JUDGEMENT

(1.) This matter arises out of an order dismissing the petition filed under Order 21 Rule 2 of the Code of Civil Procedure to record full satisfaction of the decree. The preliminary question that is involved herein is whether against such order revision lies to this Court or the Civil Miscellaneous Appeal. This court has taken two different views by two Division Benches in Challa Rama Murtry Vs. P Adinarayana Sons (1) 1984 (1) A W R. 134 and Gapi Reddy Vs. Gopu Thirupathi Reddy (2) 1981 (2) A W R. 276.

(2.) In view of the difference of opinion we deem it proper to refer it to a Full Bench for final adjudication. This Petition coming on for hearing on Monday the 24th day of August 1987 pursuant to the order of Reference dated 12-4-1986, The Court delivered the following : - JUDGMENT (Judgment delivered by Syed Shah Mohammed Quadri, J. for himself and for the Hon 'ble the Chief Justice)

(3.) The short question of significant practical importance that arise in this civil revision petition is whether an order determining any question within Sec. 47 CPC, passed after amendment of definition of 'decree', in proceedings pending on the date of commencement of the Amendment Act, is appealable or revisable. A division bench of this court noticing difference of opinion in the decisions of Division Benches in Challa Ramamurthy Vs. P. Adinarayana Sons (1) 1984(1) An. WR 134=AIR 1985 AP 42 and Gopu Peddi Reddy Vs. Gopu Thirupathi Reddy (2) 1981 (2) An. WR 276, referred this civil revision petition to the Full Bench, which is now before us.