IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.2342 of 2006 MD.NASIR & ORS… … PLAINTIFFS/ PETITIONERS Versus MOHAMMAD MANZAR GAFOOR SON OF PROFESSOR DR. ABDUL GHAFOOR, RESIDENT OF MOHALLA KHANKA, POLICE STATION AND DISTRICT KATIHAR & ORS… OPPOSITE PARTIES For the Petitioners: M/s Makardwaj Upadhyay, Rajendra Pd. Sah, Advocates For the O.P. No. 1: Mr. Raghavendra Kr. Singh,Advocate ----------- 12 05.04.2010 Heard learned counsel for the petitioner and opposite party no. 1. Both of them agree that the concerned suit has been dismissed for non-prosecution and in that view of the matter, the civil revision has become infructuous. As a result, this civil revision is dismissed as having become infructuous. However, it is made clear that this civil revision has not been dismissed on merit and in case the concerned title suit is restored back then the petitioner, if so advised, would be at liberty to challenge the impugned order once again. SC ( Dr. Ravi Ranjan, J.)