CRP/802/2024 of Killari @ Kilaru Harish, Vs Botta Venkata Gowripathi

APHC010140992024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311] (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI CIVIL REVISION PETITION NO: 802/2024 Between: Killari @ Kilaru Harish, ...PETITIONER AND Botta Venkata Gowripathi ...RESPONDENT Counsel for the Petitioner: 1. MANGENA SREE RAMA RAO Counsel for the Respondent: 1. Dr.SATTARU RAJANI The Court made the following: 2 CRP.No.802 of 2024 ORDER: This revision petition is filed against the order date 26.09.2023 passed in I.A.No.333/2023 in O.S.No.703/2015 on the file of the Court of XII Additional District Judge at Visakhapatnam. 02. It is the contention of the revision petitioner that the trial Court ought to have considered that the suit is barred by limitation as the time is the essence of the contract. On the other hand, the learned counsel for the respondent contended that it is a mixed question of fact and law and therefore, the suit cannot be rejected on that ground. 03. The learned counsel for the petitioner placed reliance on the following decisions of the Supreme Court in support of his contentions: i. Desh Raj v