CMPMO No.407 of 2009 and CMP No.403 of 2009 26.8.2009 Present: Mr.G.D.Verma, Sr. Advocate, with Mr. Romesh Verma, Advocate, for the petitioners. Mr.Vinay Kuthiala, Advocate, for respondent No.1. Admittedly Civil Suit filed by the petitioners herein stands dismissed in default and application for restoration filed on 21.5.2009 is pending consideration before the appropriate Court. Without going into the respective contentions and merits of the present petition, Mr. G.D.Verma, learned Senior counsel states that the petitioners be permitted to withdraw the present petition with liberty to move a fresh petition if the suit is ultimately restored to its original position. Liberty granted. As and when fresh petition is filed, the merits of the respective contentions shall be considered. It is further directed that if and when the suit is restored, the Court shall decide the question of the suit being barred by res judicata at the first instance. The petition is disposed of as such, so also the pending application. Dasti copy. 26th August, 2009 (Sanjay Karol), (rana/C) Judge