S.B. CIVIL REVISION PETITION NO.6/2009 Smt. Madhu Bala Vs. Sh. Arun Sankhla & Anr. Date of Order : 9th February, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. C.S. Kotwani for the petitioner. Mr. Dipesh Beniwal) for the respondents. Mr. Devendra ) --------- Learned counsel for the respondents submits that this revision petition has become infructuous as the Mobile Tower in question has already been established. He submits that the same has been established at a distance of 8 feet from the wall of the plaintiff and, therefore, this revision petition against the order of the courts below in temporary injunction matter has become infructuous. Learned counsel for the petitioner does not dispute this position that the Mobile Tower in question has been set up, however, he submits that the distance of 5 feet as directed by the appellate court in order dated 19.12.2008 has not been maintained. Be that as it may, the plaintiff-petitioner shall be at liberty to seek amendment in the suit itself. However, as far as this revision petition in a temporary injunction matter is concerned, in the opinion of this Court, the same has become infructuous with the statement of learned counsel for the respondents. This revision petition is accordingly dismissed as having become infructuous. [ DR. VINEET KOTHARI ], J. item No.46 babulal/-