HON’BLE SRI JUSTICE C.V. NAGARJUNA REDDY C.R.P.No.892 of 2014 Date : 22-7-2014 Between :
Chennam Setty Srinivasa Rao .. Petitioner And Smt. T. Satyamma (died per L.Rs.) Smt. T. Sharada Devi and others .. Respondents Counsel for petitioner : Sri C. Hanumanth Rao Counsel for respondent Nos.1 to 3, 6 & 7 : None appeared Counsel for respondent No.4 : Sri V. Brahmaiah Chowdary Counsel for respondent No.5 : Sri N. Subba Rao The Court made the following:
ORDER:
This Civil Revision Petition arises out of order dated 18-3-2014 in E.A.(SR) No.2938 of 2014 in E.P.No.246 of 2010 in O.S.No.96 of 1995 on the file of the learned Principal Senior Civil Judge, Ranga Reddy District.
At the hearing, it has come out that the petitioner has filed this Revision Petition instead of filing a substantive appeal under Section 96 r/w. Order XLIII CPC. In view of Order XXI Rule 103 CPC which directs that any order passed upon adjudication under Rule 98 or Rule 100 thereof, shall have the same force and be subject to the same conditions as to an appeal or otherwise as if it were a decree.
In view of this legal position, Sri C. Hanumantha Rao, learned counsel for the petitioner, requested for permission of the Court to withdraw the Revision Petition with liberty to his client to file a substantive appeal before the jurisdictional Court. He has however stated that as a school building is in existence, protection for a limited period may be granted to facilitate the petitioner to approach the appellate Court.
In view of the above submission, the Civil Revision Petition is dismissed as withdrawn without adjudicating the same on merits, with liberty to the petitioner to avail the remedy of appeal. Interim order dated 27-6-2014 granted by this Court in the Civil Revision Petition shall continue for a period of two weeks.
As a sequel to the dismissal of the Civil Revision Petition, CRPMP Nos.1233 and 1938 of 2014 are disposed of as infructuous.
The Registry shall return the papers to the learned counsel for the petitioner immediately.
Justice C.V. Nagarjuna Reddy Date : 22-7-2014 AM