1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicants-original plaintiffs challenging the impugned order passed by the learned 10th Joint Civil Judge (Senior Division), Vadodara below Exh. 160 in Special Civil Suit No. 600/1985 by which the learned trial Court has dismissed the said application submitted by the applicants-original plaintiffs under Order 6 Rule 17 of the Code of Civil Procedure.
2. Having realized that against the impugned order Civil Revision Application under Section 115 of the Code of Civil Procedure would not be maintainable, more particularly, in view of the decisions of the Hon'ble Supreme Court in the case of Shiv Shakti Co.operative Housing Society, Nagpur Vs. Swaraj Developers & Ors. reported in (2003) 6 SCC 659 and in the case of Surya Devi Rai Vs. Ram Chander Rai & Ors. reported in (2003) 6 SCC 675, Shri Majmudar, learned advocate appearing on behalf of the applicants seeks permission to withdraw the present Civil Revision Application as the applicants propose to file a substantive petition under Article 227 of the Constitution of India challenging the impugned order.
3. In view of the above, the present Civil Revision Application is dismissed as withdrawn with the above liberty. As and when such Special Civil Application is filed within the period of two weeks from today the same be considered in accordance with law and on its own merits as this Court has not expressed anything on merits in favour of either parties. Rule is discharged. No cost.
(M.R. SHAH, J.) siji