S. KUMAR, J.:–Heard learned counsel for the parties.

2. This civil revision petition has been filed against the order dated 17.08.2009 passed by learned Munsif/Civil Judge (Jr. Division), Bhabhua, in Review Petition No. 1 of 2009 arising out of judgment and decree dated 12.06.2009 and 03.07.2009 in Title Suit No. 44 of 2006, which was filed by plaintiff-Opposite party for declaration of his right, title and interest over the suit land and also for declaration that the disputed wall between the plaintiffs and defendants and part of which was damaged by the defendants be restored at the expense of defendants and further to grant damage of Rs. 1,000/-. The operative part of the order reads as follows:—

"That suit be & same is decreed partly on contest with cost with the direction that defendant shall construct & restore the suit wall in its original status at this own cost in the presence of Court Officer & plaintiff both. At present there is no finding on point title with respect to suit wall."

3. Thereafter defendant-petitioner filed a review petition for review of the order, however, subsequently he filed a petition to withdraw the review petition for the reason that the plaintiff and