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Judgment
This writ petition is under Article 227 of the Constitution of India whereby and whereunder the order dated 28.06.2013 (Annexure 2) passed in Miscellaneous Appeal No. 24 of 2010 arising out of Miscellaneous Case No. 07 of 2009 is under challenge.
Md. Shamim Akhtar, learned counsel for the respondents has raised two preliminary objections:
(I).That the necessary party has not been impleaded party to the writ proceeding as would be evident from appellate order dated 28.06.2013 passed in Miscellaneous Appeal No. 24 of 2010, which is under challenge, there are six appellants/plaintiffs but the writ petition has been filed only on behalf of two appellants/plaintiffs;
(ii).Secondly, since the appeal has been dismissed, therefore, the effect of the dismissal is that no proceeding is lying before the competent Court of Civil jurisdiction, therefore, the order passed by the appellate Court is not interlocutory in nature, as such writ petition filed under Article 227 of the Constitution of India will not lie.
Upon this, learned senior counsel for the petitioners, with all fairness has submitted that he may be allowed to withdraw the writ petition with a liberty to file revision by impleading the appropriate party therein.
Md. Shamim Akhtar, learned counsel for the respondents has not objected to such prayer made by learned senior counsel for the petitioners.
In view thereof, without entering into the merit of the issue, the prayer made by learned senior counsel for the petitioner, this Court deem it fit and proper to dispose of this petition with a liberty to the petitioners to file Civil Revision against order dated 28.06.2013 passed in Miscellaneous Appeal No. 24 of 2010 arising out of Miscellaneous Case No. 7 of 2009 by impleading appropriate party.
With the liberty aforesaid, the writ petition stands disposed of.