R.S.A. No.497 of 2005 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A. No.497 of 2005 (O&M) Decided on : 22-01-2010 Gurbachan Singh & others .... Appellants VERSUS Chain Singh Babbar & others .... Respondents CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER. Present:- Mr. Gur Rattan Pal Singh, Advocate, for the appellants. None for respondent Nos.11, 13, 15 and 16. Mr. OP Gupta, Advocate, for respondent Nos.14, 17 to 19 and 23 to 27. MAHESH GROVER, J (Oral). Learned counsel for the appellants states that one of the ground on which he was non-suited, was the point of limitation. The property was pleaded to be ancestral and a challenge was made to some sale deeds, which were allegedly executed by Veeran Devi and Maan Singh. Another factor, which has been taken against the appellants apart from the point of limitation, was that Veeran Devi was still alive at the time, when these sale deeds were executed. Veeran Devi is said to have expired in May, 2009. Learned counsel for the appellants states that he may be permitted to withdraw the instant appeal with a permission to file a fresh suit in the given set of changed circumstances emanating from the death of Veeran Devi. R.S.A. No.497 of 2005 (O&M) -2- Learned counsel for the respondents, however, states that he has no objection if the appeal is withdrawn, but as a result thereof no liberty be granted to the appellants to permit them to file a fresh suit. After hearing learned counsel for the parties and considering the prayer of learned counsel for the appellants regarding withdrawal of the appeal, the same is allowed. However, this Court is of the opinion that the appellants may in their wisdom if so advised file a fresh suit. In that eventuality, the Trial Court shall assess the impact of the pleadings raised before it and dispose of the suit in accordance with law. Dismissed as withdrawn. All pending applications are disposed of in view of the above. 22nd January, 2010. (MAHESH GROVER) Monika JUDGE