M/S. Uma Construction, A Partneship Firm v. Sri Kolla Satyanarayana

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO CIVIL REVISION PETITION No. 1865 OF 2015 O R D E R:

Learned counsel for the petitioner, upon instructions, seeks permission to withdraw this Civil Revision Petition with liberty to the petitioner to pursue I.A.No. 81 of 2015 filed by it against the respondent herein for violating the ad interim injunction order, which was granted by the trial Court on 26.02.2014 and which is subsisting as of now.

The assertion of the respondent specifically is that he is digging the bore well not in the suit schedule land, but outside the suit schedule land and therefore, he has not violated the ad interim injunction order. Therefore, it is for the petitioner to establish by undertaking a survey of the suit schedule land and localize the site at which the bore well is being dug by the respondent herein, so that the Court below will be able to adjudicate I.A.No. 81 of 2015 appropriately. Preserving the said liberty, this Civil Revision Petition is dismissed as withdrawn. No costs.

Consequently, the miscellaneous applications, if any shall also stand dismissed. ----------------------------------------- NOOTY RAMAMOHANA RAO, J 15th June 2015 ksld