HOUNOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE NOUSHAD ALI C.R.P.NO.2876 of 2010 Between: M/s. Madhucon Projects Limited, Hyderabad. ………Petitioner And M/s. B.Girijapathi Reddy and Company, Hyderabad and another ………Respondents HOUNOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE NOUSHAD ALI C.R.P.No.2876 of 2010 ORDER:(Per VE,J) After hearing the learned counsel appearing for the petitioner- firm, at length, and after completing his arguments, Sri Ch.Purnachandra Rao, learned senior counsel appearing for the 1st respondent submits that the order of dismissal passed in I.A.No.709 of 2009 in O.S.No.1153, dated 19-02-2010, filed under Section 8 (1) and (3) of the Arbitration and Conciliation Act, 1996, on the file of the IV Senior Civil Judge, City Civil Court, Hyderabad, is revisable under Section 115 of the Code of Civil Procedure and therefore, when the revision is available under Section 115 CPC, the revision petition filed under Article 227 of the Constitution of India is not maintainable. In view of the aforesaid submission, the learned counsel appearing for the petitioner-firm seeks permission of this Court to withdraw the revision petition with liberty to file a fresh revision petition questioning the impugned order under Section 115 CPC. Accordingly, the Civil Revision petition is dismissed as withdrawn with liberty to the petitioner-firm to file a fresh revision petition questioning the impugned order, dated 19-02-2010 passed in I.A.No.709 of 2009 in O.S.No.1153 of 2009. There shall be no order as to costs. ______________________ JUSTICE V. ESWARAIAH 28th July 2010 ______​_______________ JUSTICE NOUSHAD ALI kvr