THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY CIVIL REVISION PETITION No.1156 of 2009 ORDER: The revision is filed against the judgment and decree, dated 18.12.2008 in CMA.No.43 of 2007 on the file of VIII Additional District Judge, Nizamabad. The CMA in turn is directed against order, dated 07.09.2007 passed by the Court of Senior Civil Judge, Nizamabad in E.A.No.179 of 2006 in E.P.No.114 of 2005 in O.S.No.172 of 2001, filed under Rule 58 of Order XXI CPC. Learned counsel for the petitioners had advanced several contentions on the merits of the matter. Learned counsel for the respondents has raised an objection as to the maintainability of the revision. I n Gurram Seetharam Reddy v. Gunti Yashoda[1], the Full Bench of this Court held that a regular appeal has to be filed against an order passed in an application filed under Order 58 Rule XXI CPC and a Second Appeal under Section 100 CPC is to be filed against the order passed in such appeal. So far as the Court fee is concerned, it held that the one payable for miscellaneous appeal would serve the purpose. Therefore, the petitioner has to avail the remedy of Second Appeal under Section 100 CPC and not a revision under Article 227 of the Constitution of India. When the same is pointed out, the learned counsel for the petitioners seeks permission of the Court to withdraw the revision, without prejudice to the rights of his clients to file a Second Appeal. Permission is accorded. Hence, the revision is dismissed as withdrawn, leaving it open to the petitioners to file Second Appeal under Section 100 CPC. Inasmuch as the revision was presented within the limitation prescribed for Second Appeal, in case the Second Appeal is presented within two (2) weeks from today, the petitioners shall have the benefit of Section 14 of the Limitation Act. There shall be no order as to costs. The Registry is directed to return the certified copies of the judgments and decrees to the learned counsel for the petitioners. _________________________ L.NARASIMHA REDDY, J 8th SEPTEMBER, 2009. Note: issue c.c. in three (3) days. kvni [1] 2004(6) ALD 175 (F.B.)