PENUMATCHA ARJANAVARMA AND ANOTHER Vs. BHOOSARAPU CHINA APPALASWAMY

JUDGEMENT

(1.) This revision petition is directed against the judgment of the District Judge, West Godavari, in Civil Misc. Appeal No. 65 of 1956 on his file by which he remanded to the District Munsiff's Court an application which had been filed by the respondent herein to set aside a court sale, with a direction that the District Munsif should hear the parties on the question of limitation as also on the merits.

(2.) After hearing elaborate arguments, I am convinced that the order of the learned District judge is clearly erroneous and his view that Art. 181 of the Limitation Act and not Art. 166 applies to the facts of this case is untenable in view of a ruling of a Division Bench of the Madras High Court in Vasudeva Kavu Patteri v. Mana Naika (1953) I. M.L.J. 582 which was approved in a later Full Bench decision of this High Court in Satyanarayana Murthy v. Bhavanarayana 1957 A.L.T. 241 (F.B.). The Madras ruling was apparently not brought to the notice of the learned District Judge.

(3.) The facts which gave rise to this revision petition may be briefly stated :