Smt Syed Gori Jan v. V Venkataiah

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR CIVIL REVISION PETITION No.2059 of 2015 BETWEEN Smt. Syed Gori Jan.

... PETITIONER AND C. Venkataiah and others.

...RESPONDENTS Counsel for the Petitioner: MR. PASNOORU VENUGOPALA RAO Counsel for the Respondents: --NONE APPEARED-- The Court made the following:

ORDER:

This revision is directed against the impugned order of the Principal Junior Civil Judge, Srikalahasthi dated 06.03.2015 allowing E.A.No.322 of 2014.

2. By the aforesaid order, the restitution is directed under Section 144 of

the Code of Civil Procedure in favour of the petitioner in E.A.No.322 of 2014, who is arrayed as first respondent herein.

Since under Section 2(2) of CPC, an order under Section 144 is equated to the status of a decree, the revision petition is not maintainable and the petitioner will have to file the first appeal, if he is aggrieved.

The civil revision petition is dismissed as not maintainable. Registry to return the certified copy of the order of the trial Court on substitution of an authenticated copy by the learned counsel for the petitioner. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

______________________ VILAS V. AFZULPURKAR, J July 17, 2015 DSK