CR No. 53 of 2009. 27.5.2010 Present: Mr. Ajay Sharma, counsel for the petitioners. Mr. Subhash Sharma, counsel for respondent No.1. CR No. 53 of 2009. The learned counsel for the petitioner has submitted that petitioner No. 1 Birbal has died, but memo of parties of revision indicates that his legal-representatives, namely widow and three sons are already on record. In these circumstances, the death of petitioner No. 1 has no effect on the revision petition, as his estate is fully represented in the revision. 2. The revision has been filed against the order dated 28.3.2009 passed by learned Civil Judge (Senior Division), Dehra in Execution No. 11/2008 whereby the application filed by the petitioners- JDs under Order 21 Rule 29 CPC was rejected. It has been submitted by learned counsel for the petitioners that in fact the petitioner had filed an appeal against the judgement, decree dated 30.12.2005. The appeal was dismissed in default and application for restoration of appeal was time barred, therefore, an application under Section 5 of the Limitation Act alongwith an application for restoration of appeal was filed. In the meantime, the present revision was filed against the order dated 28.3.2009. 3. The learned Addl. District Judge (II), Kangra vide communication dated 11.5.2010 addressed to learned Registrar General has stated that application for restoration of appeal was allowed vide order dated 16.2.1010 and similarly the application under Section 5 of the Limitation Act was allowed vide order dated 18.2.2010. In view of the fact that now the appeal is pending before the learned Addl. District Judge (II), Kangra, therefore, petitioners are at liberty to approach the learned Addl. District Judge for appropriate relief regarding the execution of judgement, decree dated 30.12.2005. In these circumstances, the revision is not maintainable and is accordingly disposed of. CMP No. 230 of 2009. 4. The interim order dated 10.4.2009 is vacated and the application stands disposed of. 5. The learned Registrar (Subordinate Judiciary and Vigilance) has submitted report dated 26.5.2010 in pursuance of order dated 12.5.2010. The report be placed before Hon’ble the Chief Justice for appropriate orders. May 27, 2010. ( Kuldip Singh ), (Hem) Judge.