THE HON’BLE SRI JUSTICE C.V. RAMULU C.R.P. No. 746 of 2009 O R D E R: This civil revision petition under Section 115 of the Code of Civil Procedure is directed against an order made in E.A. No. 39 of 2008 in E.A. No. 105 of 2007 in E.P. No. 119 of 2003 in O.S. No. 561 of 2002 on the file of learned III Additional Junior Civil Judge, Nellore, whereunder the application filed under Order XXVI Rule 9 read with Section 151 CPC to re-entrust warrant to the Advocate- Commissioner appointed in I.A. No. 207 of 2003 to inspect the bus- station, Nellore-1 depot, note down the preventive measures taken by the petitioners/respondents and also note down the rectified drainage system, take the photographs and file report, was dismissed. Petitioners are the defendants and respondent is the plaintiff. Respondent laid suit to prevent APSRTC from letting out drainage water into the plot of the plaintiff. During pendency of the suit, the Advocate-Commissioner was appointed and he submitted a report stating that the drainage water from the Depot No.1 of APSRTC is flowing into the land of the plaintiff. Therefore, an order was passed in I.A. No. 571 of 2002 under Order XXXIX Rules 1 and 2 directing the APSRTC to take preventive steps from causing continuous nuisance to the plaintiff by letting Septic lavatory extracts and effluents from their premises within 15 days, failing which, liberty was given to the petitioner-plaintiff to execute the same at the expenses of respondents 1 and 2 – APSRTC. When the said directions were not carried out, respondent-plaintiff filed E.P. No. 119 of 2003 and also filed E.A. No. 105 of 2007 to take steps against disobedience by respondents 1 and 2 – APSRTC. However, it is the contention of the petitioners- defendants that the order passed by the Court below in I.A. No. 571 of 2002 was carried out. Since there was a dispute, the present E.A. No. 39 of 2008 was filed by the petitioners seeking a direction to re-entrust the warrant to the advocate-commissioner appointed in I.A. No. 207 of 2003 to inspect the bus-station, Nellore-1 depot, note down the preventive measures taken by them, note down the rectified drainage system, take the photographs and file report, but the Court below dismissed the said application without considering the matter on proper perspective. Hence, this C.R.P. No counter is filed. In spite of service of notice, none appeared for the respondent. Under those circumstances, without going into the merits of the case, I am of the opinion that the order passed in E.A. No. 39 of 2008 dated 25.11.2008 is liable to be set aside and accordingly set aside and the matter is remanded to the Court below for re- consideration on its own merits, as per law, after hearing both the parties. The C.R.P. is accordingly allowed and the matter is remanded to the Court below. JUSTICE C.V. RAMULU. Date: 2-9-2010. MVB.