1 I N THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. LPA No. 181 of 2011. Decided on: 29.8.2011 Dharmender Bansal & another ....Appellants. Versus Surinder Nath & another ......Respondents. Coram: The Hon’ble Mr. Justice Kurian Joseph, Chief Justice. The Hon’ble Mr. Justice Sanjay Karol, Judge. For the appellants : Mr. T.S. Chauhan, Advocate. For the respondents : Mr. Vishal Bindra, Advocate for respondent No. 1. Justice Kurian Joseph, C.J. (Oral) The appellants are the petitioners in OMP No. 408 of 2010 in Civil Suit No. 2 of 2010. This is an application filed under Order 22 Rule 4 read with Order 1 Rule 10 of the Code of Civil Procedure. In the nature of the order, we propose to pass, we do not think it necessary to refer to the factual details of the case or to the contentions raised by the parties, since the parties will get sufficient opportunity at the appropriate stage to raise all those contentions. The limited submission of the appellants/ 2 petitioners is to permit them to withdraw their application with liberty to file a proper application in the suit. 2. Having regard to the nature of the suit and the purpose for which the application is sought to be filed and after having heard the parties, we are of the view that it is in the interest of both the parties to permit the appellants/petitioners to withdraw OMP No. 408 of 2010 in Civil Suit No. 2 of 2010, with liberty to file a proper application. Accordingly, this appeal is disposed of. Order dated 10.3.2011 in OMP No. 498 of 2010 is set aside. The said OMP is permitted to be withdrawn and hence the same would stand dismissed as withdrawn, with liberty to the appellants herein, to file a proper application in the suit. The question of maintainability of the appeal is left open. 3. Pending application(s), if any, also stands disposed of. (Justice Kurian Joseph), Chief Justice. August 29, 2011 (Justice Sanjay Karol) (hl/priti) Judge.