THE HONOURABLE SMT. JUSTICE RENUKA YARA C.R.P.No.4025 of 2024

ORDER:

Heard Sri Ramesh Chandra Soni, learned counsel for the revision petitioner. Despite service of notice, none appeared on behalf of the respondents.

2. The Civil Revision Petition is filed by the petitioner against the impugned order dated 19.11.2024 passed in I.A. No. 808 of 2024 in M.A.(SR) No. 1749 of 2024 by the learned Chief Judge, City Small Causes Court, Hyderabad. By the impugned order, the petition filed under Section 5 of the Limitation Act, 1963, seeking to condone the delay of 498 days in preferring the appeal, was dismissed by the trial Court.

3. Learned counsel for the petitioner submitted that instead of filing the appeal, the petitioner inadvertently filed the Writ Petition which was dismissed as withdrawn on 09.08.2024 with liberty to prefer the same before the First Appellate Court. He further submitted that the appeal is filed within the period of limitation when the time spent for prosecuting the said writ petition before this Court is excluded. In support of his submissions, the learned counsel placed reliance on the judgment of the Apex Court in Purni Devi & Anr. Vs Babu Ram & Anr, (2024) 4 SCR 3