THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5615 of 2009 ORDER: The respondents filed O.S.No.266 of 2009 in the Court of Principal Junior Civil Judge, Kadapa against the petitioners claiming certain reliefs. Sating that the suit is filed under Section 92 of C.P.C., the respondents sought leave of the trial Court and an ex parte relief was granted. Aggrieved thereby, the petitioners approached this Court by filing C.R.P.No.3412 of 2009 and the same was disposed of on 18.08.2009 leaving it open to the petitioners to file an application before the trial Court for withdrawal of the leave granted by the trial Court. Accordingly, the petitioners filed I.A.No.1041 of 2009. Various facts were pleaded and the respondents filed their counter affidavits opposing the application. Through its order, dated 07.11.2009, the trial Court dismissed the I.A. Hence, this revision. Learned counsel for the petitioners has urged several grounds including the one that the trial Court has no jurisdiction to entertain the suit under Section 92 of the Act. Learned counsel for the respondents on the other hand submits that though a casual reference was made to Section 92 of C.P.C. in the body of the plaint, no relief of framing a scheme under Section 92 of C.P.C. was made and that the respondents have since filed an application before the trial Court withdrawing the very application for leave. Heard the learned counsel for the petitioners and the learned counsel for the respondents. The respondents did file I.A.No.572 of 2009 seeking leave of the trial Court under Section 92 of the C.P.C. That gave raise to filing of C.R.P.No.3412 of 2009 before this Court and I.A.No.1041 of 2009 before the trial Court by the petitioners. The necessity for this Court to deal with the legality or otherwise of the order passed by the trial Court in I.A.No.1041 of 2009 is obviated on account of an important development. During the pendency of the revision, the respondents filed three applications before the trial Court viz., I.A.Nos.1455, 1456 and 1457 of 2009. Out of them, I.A.No.1455 is the one for advancement of suit, I.A.No.1456 of 2009 is to record the fact that the respondents do not press the aspect of Section 92 of C.P.C. in the suit and I.A.No.1457 of 2009 is to permit them to amend the plaint by deleting Section 92 of C.P.C. wherever it has occurred. Therefore, the suit is no longer under Section 92 of C.P.C. Hence, the civil revision petition is disposed of, setting aside the leave granted by the trial Court through its ex parte order in I.A.No.572 of 2009 on 06.05.2009. It shall be open to the parties to pursue further steps in the matter. There shall be no order as to costs. _________ 07.12.2009 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Civil Revision Petition No.5615 of 2009 Date: 07.12.2009 JSU