THE HON’BLE SRI JUSTICE K.C.BHANU C.R.P.No.3505 of 2011 ORDER This civil revision petition is directed against the order dated 18-07-2011 passed in C.M.A.No.5 of 2011 by the learned III Additional District Judge, Kurnool at Nandyal in setting aside the order dated 31-1-2011 passed by the Principal Junior Civil Judge, Nandyal in I.A.No.1075 of 2010 in O.S.No.430 of 2010, which was filed for grant of temporary injunction in favour of the plaintiffs restraining the defendant from digging the earth from the petition schedule mentioned property till the disposal of the suit, was dismissed. Learned counsel for the petitioner-defendant contended that the defendant is digging the gravel in Sy.No.191/2 to an extent of Ac.2.79 cents and an extent of Ac.1-78 cents in Sy.No.190/2, which are shown as ‘Z’ portion in the written statement plan; that he was transporting the gravel through ’R2 R2 R2 rashta’ and it would not cause any harm to the plaintiffs’ crops or land; that the defendant is not digging the earth in Sy.No.198, which exceptionally belong to the wife of the defendant, which is shown as ‘Y’ portion in the written statement plan and therefore, he prays to set aside the impugned order. On the other hand, learned counsel for the respondents-plaintiffs contended that since the digged gravel has been carried by a number of tractors through ‘R2 R2 R2 rastha’, it is causing dust to the crops and damage to the land of the plaintiffs in ‘X’ marked portion in the written statement plan and therefore, the impugned order needs no interference. Admittedly, the defendant’s land, which is shown as ‘Z’ portion in the written statement, is far away from the plaintiffs’ land. As such, if the defendant digs the land, it would not cause any harm to the plaintiffs’ land. Further, the defendant is digging the gravel in his land in Sy.No.191/2 in an extent of Ac.2-79 cents and an extent of Ac.1-78 cents in Sy.No.190/2 after taking permission from the Mandal Revenue Officer. Therefore, he has every right to carry the same through ’R2 R2 R2’ rastha. Therefore, the impugned order is modified permitting the defendant to carry on his work in terms of the permission granted by the Mandal Revenue Officer only to the extent of Ac.2.79 cents in Sy.No.191/2 and Ac.1-78 cents in Sy.No.190/2, which are shown as ‘Z’ portion in the written statement plan. In the result, the civil revision petition is partly allowed. ___________________ K.C.BHANU,J rkk Dated: 16-09-2011