IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTEENTH DAY OF JULY, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.1263 of 2010 Between: Kambhampati Pullaiah … Petitioner And Kamadana Varaputri … Respondent Counsel for the petitioner: Sri K. Narasimhachari Counsel for the respondent: Sri V. Brahmaiah Chowdary This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.1263 of 2010 ORDER:- This Civil Revision Petition arises out of proclamation of sale dated 26.02.2007 in E.P.No.153 of 2006 in O.S.No.260 of 2005 on the file of the learned Junior Civil Judge, Kodad. After making strenuous efforts to convince this Court that the revision petition may be disposed of on merits, Sri K. Narasimhachari, learned counsel for the petitioner, after ultimately realising that his client ought to have first filed an application under Order XXI Rule 90 of the Code of Civil Procedure, 1908 instead of filing a revision petition, has requested the Court to permit the petitioner to approach the Court below by filing an application under the abovementioned provision. The learned counsel, however, requested that since the limitation prescribed for filing such application has already expired, this Court may apply the provisions of Section 14(2) of the Limitation Act, 1963 (for short, “the Act”) and direct the Court below to entertain and dispose of the application on merits. Since this Court is convinced that the petitioner has bona fide availed a wrong remedy before a wrong forum, he is entitled to the benefit of the provisions of Section 14(2) of the Act. Accordingly, the period during which this revision petition is pending is excluded in which case the application that may be filed by the petitioner will be in time. Learned counsel for the respondent fairly conceded in this regard. Accordingly, while giving benefit of the provisions of Section 14(2) of the Act, the petitioner is permitted to file the application within a period of four weeks from today. If such application is filed within the abovementioned time, the Court below shall entertain and dispose of the same on merits treating the same as having been filed within the period of limitation. Subject to the above direction, the Civil Revision Petition is disposed of. As a sequel to disposal of the Civil Revision Petition, CRPMP.No.1719 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 15.07.2011 ES Note:- Issue C.C. in one week. ES