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Judgment
Rekha Borana, J
The present revision petition has been filed against the order dated 14.02.2023 whereby the application under Order 7 Rule 11 read with Section 151 CPC as preferred by the defendants was allowed and consequently the suit as preferred by the plaintiffs was dismissed.
Learned counsel for the petitioners seeks permission to withdraw the revision petition while making the following two concessions:
(i) The present revision petition is not maintainable against the order impugned as a regular first appeal would lie against the same.
(ii) The finding as given by the court below that the suit for declaration qua any agricultural land would be maintainable only before a revenue Court is in consonance with law.
It is submitted that even the remedy before the revenue Court has been availed by the petitioners but the issue of limitation would arise in the said proceeding and, therefore, he may be permitted to withdraw the present revision petition with an observation that the time taken in pursuing the present proceedings shall be excluded for the purposes of limitation.
In view of the submission made, the prayer as sought is granted.
The present revision petition is dismissed as withdrawn with the observation that the time taken by the petitioners in pursuing the present suit shall remain excluded for the purposes of limitation.