APHC010564412023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] FRIDAY,THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2954/2023 Between: Gowdadri Venkata Rajesh and others ...PETITIONER(S) and Gowdadri Chankra Kumari ...RESPONDENT Counsel for the Petitioner(S): 1. P NAGENDRA REDDY Counsel for the Respondent: 1. HABIBULLA SHAIK 2 C.R.P.No.2954 of 2023 The Court made the following ORDER: The present Civil Revision Petition is filed under Section 115 of C.P.C., against the order dated 31.10.2023, passed in I.A.No.203 of 2023 in O.S.No.01 of 2023 on the file of the Court of the Principal Junior Civil Judge, Jaggayyapeta. 2. I.A.No.203 of 2023 is filed under Section 5 of the Limitation Act to by the defendants / revision petitioners herein to condone the delay of 13 days in filing the petition under Order IX Rule 13 C.P.C. The plaintiff / respondent herein filed counter. After hearing both parties, the trial Court dismissed the petition observing that the petitioners were set ex parte in the main suit and also that they failed to explain any valid reason or any suitable documents for condoning the delay. 3. Today, when the matter is taken up for hearing, the learned counsel for the respondent submitted that the subject matter of this revision petition is squarely covered by the common order passed by the High Court of Telangana in C.R.P.(S.R.)No.42495 of 2022 and C.R.P.No.2036 of 2022, dated 31.03.2023. The learned counsel for the petitioners admitted the same. 4. Perused the record and copy of common order dated 31.03.2023 in C.R.P.(S.R.)No.42495 of 2022 and C.R.P.No.2036 of 2022. The operative portion of the order reads as follows: “...In the present case, the reasons stated for set aside of the ex parte preliminary decree and condonation of delay under Section 5 of the Limitation Act, 1963 are same, considering which the Trial Court had passed a common order rejecting to set aside the ex parte preliminary decree dated 16.06.2021. As a result of the 3 C.R.P.No.2954 of 2023 impugned order, the ex parte preliminary decree dated 16.06.2021 was sustained by the Trial Court. Since rejection of an application under Order IX Rule 13 of the Code is an appealable order under Order XLIII Rule 1(d) of the Code, the impugned common order 27.07.2022 in its entirety is appealable. Such an order cannot be severed in order to independently decide the application filed under Section 5 of the Limitation Act, 1963, as it would result in delivering a judgment in appeal. In view of decision of the erstwhile High Court of Andhra Pradesh in Shaik Abdul Haq Vs. Aiswarya Nilaya Chit Fund Pvt. Ltd. and others1, this Court exercising powers under Article 227 of the Constitution of India cannot convert itself into a court of appeal. Resultantly, the Civil Revision Petitions are dismissed as not maintainable. The petitioner is directed to avail his right of appeal as provided under Order XLIII Rule 1(d) of the Code. No order as to costs.” 5. Following the said common order passed by the High Court of Telangana in C.R.P.(S.R.)No.42495 of 2022 and C.R.P.No.2036 of 2022, dated 31.03.2023, and for the reasons mentioned therein, this Civil Revision Petition is dismissed. There shall be no order as to costs. 6. The petitioners are at liberty to prefer appeal under Order XLIII, Rule 1(d) of C.P.C. as against the impugned order dated 31.10.2023. Interim orders granted earlier, if any, shall stand vacated. Pending miscellaneous petitions, if any, in this Civil Revision Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dt.26.12.2025 Note: Office is directed to attach copy of common order passed by the High Court of Telangana in C.R.P.(S.R.)No.42495 of 2022 and C.R.P.No.2036 of 2022, dated 31.03.2023, to this order. b/o NSM 1 2005 (3) ALD 513 : 2005(3) ALT 676 4 C.R.P.No.2954 of 2023 5 C.R.P.No.2954 of 2023 09 THE HONOURABLE SMT JUSTICE V.SUJATHA CIVIL REVISION PETITION NO: 2954/2023 Dt.26.12.2025 Note: Office is directed to attach copy of common order passed by the High Court of Telangana in C.R.P.(S.R.)No.42495 of 2022 and C.R.P.No.2036 of 2022, dated 31.03.2023, to this order. b/o NSM