HON’BLE SRI JUSTICE CHALLA KODANDA RAM C.R.P. No. 3485 of 2014 DATE: 27.12.2014 Between:
Sarava Samaj Praja Ikya Samithi and seven others ..Petitioners and Kolikar Shanker and two others .. Respondents O R D E R:-
This Civil Revision Petition is directed against the order and decree dated 14.08.2014 in I.A.No. 934 of 2014 in O.S.No. 36 of 2014 passed by the learned I Additional District Judge, Nizamabad, whereby the application filed by the respondents – plaintiffs under Order 26 Rule 9 CPC read with Sections 75 and 151 CPC for appointment of the Assistant Director, Survey and Land Records, Nizamabad as Commissioner for measuring, demarcating and fixing the boundaries in an extent of Ac.3.38 guntas of land in Sy.No.462/A situated in Perkit village and the lands of the petitioners-defendants in Armoor village, was allowed.
When the matter is taken up for hearing, the learned counsel for the respondents- plaintiffs submits that the respondents-plaintiffs may be permitted to withdraw the very interlocutory application i.e. I.A.No. 934 of 2014 filed before the trial Court as the pleadings made therein on crucial aspects are incorrect and liberty may be given to them to file a fresh application setting out correct facts and figures.
The learned counsel for the petitioners-defendants has expressed no objection to the withdrawal of the petition by the respondents-plaintiffs.
In view of the submission made by the learned counsel for the respondents-plaintiffs, permission sought to withdraw I.A.No. 934 of 2014 in O.S.No. 36 of 2014 from the file of I Additional District Judge, Nizamabad is accorded, and thus, I.A.No. 934 of 2014 is treated as having been withdrawn, and liberty is given to the respondents-plaintiffs to file a fresh interlocutory application before the trial Court seeking appropriate relief by setting out correct pleadings. Consequently, the order impugned in this revision petition is set aside.
Hence, the Civil Revision Petition is closed. No order as to costs.
As a sequel to the closure of the Civil Revision Petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
CHALLA KODANDA RAM, J 27.12.2014 bcj