THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 4569 OF 2009 Date: 24.11.2009 A.C.P.Industries Limited, Eluru … Petitioner and Chaduvula Rajamohanarao and three others. … Respondents. THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN CIVIL REVISION PETITION No. 4569 OF 2009 ORDER: The present revision is filed against an order impleading the revision petitioner herein as the 4th respondent in the I.A. While the Court below passed the order on 06.08.2009, it is the case of the revision petitioner herein that he had vacated the premises even prior thereto on 31.03.2009 itself and, since he had filed a counter- affidavit on 22.04.2003 itself, these facts, including that he had vacated the premises, could not be brought to the notice of the Court below, resulting in the order under revision being passed. Sri S. Ashok Anandkumar, learned Counsel for the respondents, would dispute this fact asserting that the revision petitioner continued to remain in possession of the property as a tenant. Learned Counsel would submit that he has filed third party affidavits in support thereof. As Sri C.S. Surya Prakash Rao, learned Counsel for the petitioner, does not seek an adjudication on merits, and merely seeks liberty to bring to the notice of the Court below that he had vacated the premises, the C.R.P. is dismissed as withdrawn with liberty to the petitioner herein to bring these facts to the notice of the Court below in the proceedings pending before it. Needless to state that, in case any such assertion is made by the petitioner before the Court below, the respondents herein would also be at liberty to rebut the same. No costs. ____________________________ Date: 24-11-2009 RAMESH RANGANATHAN, J MRKR