Amanamanchi Venkateswarlu vs Brudanam Venkata Rao on 13 December, 2006
6. K.M. Krishnaiah case relied on by the learned Counsel for the respondent has no application to the facts of this case. In that case, the question was regarding maintainability of the appeal on an order passed in an interlocutory proceeding. The facts in that case are in an appeal preferred to it, the apex Court ordered stay of execution on condition of appellant depositing into Court the mesne profits to be determined by the trial Court as a condition precedent for stay of execution of recovery of possession. Accordingly, the trial Court, on a petition filed by the decree holder, determined the mesne profits. The judgment debtor preferred an appeal to High Court against the order determining mesne profits. The learned Judge held that the order determining mesne profits is not a decree enabling the judgment debtor to question it in an appeal. Question whether an order passed in an interlocutory proceeding is executable or not was not, considered in that decision.