C.R.P(MD).No.1899 of 2026 C.R.P(MD).No.1899 of 2026 S.SOUNTHAR.J. The learned counsel for the petitioner submits that though the revision petitioner filed an application in E.A.No.6 of 2025 under Section 47 of Code of Civil Procedure, she is, in effect, a third party to the suit. She filed a claim petition seeking adjudication of her interest in the subject property. Therefore, the impugned order passed by the Executing Court is the one passed in a claim petition and hence, it shall be treated as a deemed decree under Order 21 Rule 58(4) of Code of Civil Procedure. 2.A perusal of the impugned order would indicate that the petitioner is not a party to the suit or any person claiming title under party to the suit. In such circumstances, the filing of the application under Section 47 of the Code of Civil Procedure is not permissible. The petition filed by the petitioner seeking declaration of her interest in the suit properties shall be treated as a claim petition under Order 21 Rule 58 of the Code of Civil Procedure. Hence, as per Sub Rule 4, Rule 58, the adjudication of petitioner's claim under impugned order shall be treated as a deemed decree. Hence, a regular appeal will lie against the impugned order. Therefore, Registry is directed to convert this revision as Civil Miscellaneous Appeal and list the matter before the concerned Court. 17.07.2026 Rmk 1/2 https://www.mhc.tn.gov.in/judis C.R.P(MD).No.1899 of 2026 S.SOUNTHAR.J. Rmk C.R.P(MD).No.1899 of 2026 16.07.2026 2/2 https://www.mhc.tn.gov.in/judis