N.V.Subba Rao v. Sri. Nallagandla Gandhi

HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.215 of 2017 ORDER:

The civil revision petition is filed questioning the judgment and decree dated 21.11.2016, passed by the VI Additional District Judge, Nellore in O.S.No.113 of 2011.

Heard Sri V. Srinivasa Rao, learned counsel for the petitioner. On going through the material available on record, this Court noticed that the present civil revision petition has been filed against the judgment and decree dated 21.11.2016, passed by the Court below in the suit in O.S.No.113 of 2011, in a money recovery suit. No civil revision petition is maintainable against the judgment and decree as the proper remedy is to file an appeal before the appropriate Court. Office appeared to have numbered the same by mistake. Inasmuch as the civil revision petition is not maintainable, the same is liable to be closed. Accordingly, the civil revision petition is closed. The Registry shall take necessary steps to return all the original papers filed along with the civil revision petition to Sri V.

Srinivasa Rao, learned counsel for the petitioner. It is needless to mention that in filing the appeal as the petitioner had mistakenly filed the civil revision petition before this Court, can seek the benefit of Section 14 of the Limitation Act, for the purpose of Limitation. No order as to costs. Miscellaneous Petitions pending, if any, in this civil revision petition shall stand closed.

______________________________ CHALLA KODANDA RAM,J Date:24.01.2017.

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THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM CIVIL REVISION PETITION No.215 of 2017 24.01.2017 Gk