HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
THE HON'BLE Mr. JUSTICE AHSANUDDIN AMANULLAH
AND
THE HON'BLE Mr. JUSTICE G. RAMAKRISHNA PRASAD
CIVIL MISCELLANEOUS APPEAL No.296 OF 2021
1. Nelapudi Yesuratnam,
S/o.Swami Nadhan, Age: 62 years,
R/o.Flat No.318, Walnut Block,
Rain Tree Park, Namburu Village,
Pedakakani Mandal, Guntur District.
2. Pallepogu Seemonu, S/o.Jacob,
Age: 72 years, Occ: Retd. Employee,
Self Styled Joint Secretary,
R/o.Flat No.516, Teak Block,
Rain Tree Park, Namburu Village,
Pedakakani Mandal, Guntur District.
3. Arumalla Venu Gopala Reddy,
S/o.Rama Krishna, Age: 68 years,
Occ: Business, Self Styled Treasurer,
R/o.Flat No.1116, Teak Block,
Rain Tree Park, Namburu Village,
Pedakakani Mandal, Guntur District. ... Appellants
Versus
1. Nukavarapu Hari Krishna,
S/o.Siva Koteswara Rao, Hindu,
Business, Aged about 39 years,
R/o.Flat No.524, Maple Block,
Rain Tree Park, Namburu Village,
Pedakakani Mandal, Guntur District.
2. Rain Tree Park
Dwaraka Krishna (RTDK, Phase-1),
Owners and Welfare Association,
Dwaraka Krishna Township, Namburu Village,
Pedakakani Mandal, Guntur District,
Rep. by its self-styled President,
Gogineni Lakshmi Narasaiah,
S/o.Raja Gopala Rao, Hindu,
Age: 72 years, Retd. Employee,
R/o.Flat No.408, Teak Block,
Rain Tree Park, Namburu Village,
Pedakakani Mandal, Guntur District. ... Respondents
Counsel for the appellants : Mr. V. V. Lakshmi Narayana, Advocate 2 Counsel for the respondents : ---
ORAL JUDGMENT Date: 02.03.2022 (Per Hon'ble Mr. Justice Ahsanuddin Amanullah) Heard Mr. V. V. Lakshmi Narayana, learned counsel for the appellants. Despite name of learned counsel for the respondent no.1 appearing in the cause list, nobody appeared when the matter was taken up and heard.
2. At the outset, learned counsel for the appellants submitted that, due to some misconception, the present Civil Miscellaneous Appeal has been filed under Order 43 Rule (1) and (2) of the Code of Civil Procedure, 1908 (for short, the 'Code'); whereas a Civil Revision Petition ought to be filed under Section 115 of the Code.
3. Thus, it was submitted that the appellants be permitted to withdraw the present miscellaneous appeal and file a fresh revision petition.
4. Having regard to the submission of learned counsel for the appellants, prayer is allowed. The present Civil Miscellaneous Appeal stands disposed of as withdrawn with liberty aforesaid.
5. The Court would only observe that if there is an issue of limitation, it is always open for the appellants to explain the period for which the present appeal has been pending before this Court on the ground of bona fide mistake. No order as to costs. 3
6. Interlocutory Application No.1 of 2021 also stands disposed of.
_______________________________ (AHSANUDDIN AMANULLAH, J) ________________________________ (G. RAMAKRISHNA PRASAD, J) Dsh