R.S.A. No. 1745 of 2010 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH R.S.A. No. 1745 of 2010 (O&M) Date of Decision : 13.5.2010 Tejender Singh & another .......... Appellants Versus Haryana Urban Development Authority & another ...... Respondents CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Shiv Kumar, Advocate for the appellants. **** VINOD K. SHARMA, J. (ORAL) The learned counsel for the appellants contends, that the only grievance of the plaintiff / appellants was, that their application for setting aside the order of dismissal of appeal in default, was still pending before the learned Appellate Authority. The reading of the pleadings in the case show, that no such prayer was made in the suit. In the suit the appellants had only challenged the notice issued under Section 18(3) of the Haryana Urban Development Authority Act, for seeking possession in pursuance to the order of redemption, which was not under challenge before any Court. The application filed for setting aside the order of the dismissal of the appeal in default was said to be still pending. In view of the fact, that the basic relief claimed by the plaintiff / appellants in the appeal was not subject matter of the Civil Suit, the learned counsel for the appellants, wishes to withdraw this appeal with liberty to R.S.A. No. 1745 of 2010 -2- take appropriate legal proceedings, to get their application decided for setting aside the order of dismissal of appeal in default. In view of the prayer made by the learned counsel for the appellants, this appeal is dismissed as withdrawn. Liberty is granted to the appellants to take appropriate legal proceedings in accordance with law, to get their application decided, which is said to be pending before the learned Appellate Authority. 13.5.2010 ( VINOD K. SHARMA ) 'sp' JUDGE