IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.546 of 2007 MD.MUSTAFA & ANR. Versus DEENA CHAUDHARY For the petitioners :M/s Jagannath Singh and Anil Kr. Chaudhary, Advocates. For the opposite party : None. ----------- 03/ 05.10.2009 This civil revision has been filed by the plaintiffs- opposite parties-petitioners challenging order dated 19.01.2007 by which the learned Subordinate Judge-I, Gopalganj allowed Miscellaneous Case No.09 of 2006 and restored Title Suit No.159 of 2004, which was decreed ex-parte on 10.04.2006. Learned counsel for the petitioners submits that the impugned order was passed by the learned court below on the condition that the defendant-applicant-opposite party shall deposit a cost of Rs.1,000.00. He also submits that the said cost having not been deposited by the defendant, the case in the learned court below was dismissed vide order dated 07.07.2009. In the said circumstances when the case in the learned court below has already been dismissed, there is no occasion for the petitioners to continue this case and accordingly learned counsel for the petitioners seeks permission to withdraw this civil revision. Permission is granted and the civil revision is accordingly, dismissed as withdrawn. harish/ ( S. N. Hussain, J. )