Pankaj Mithal, J. - (1.) Heard Sri K.K. Nirkhi, learned counsel for the petitioners.
(2.) Petitioners have filed Original Suit No. 2053 of 1997 for a decree of permanent injunction against one Babu Lal and Rajjan Lal. The suit was dismissed vide judgment and order dated 3.9.2003. Petitioners therefore preferred Civil Appeal No. 166 of 2003. During pendency of the appeal one of the defendants Babu Lal died on 23.5.2004. Different parties claimed for substitution as his heirs and legal representatives. The appellate court by the impugned order dated 9/10.11.2013 has remitted the matter regarding decision about the heirs and legal representatives of the deceased Babu Lal in accordance with Order 21, Rule 5 CPC to the court of first instance after taking the evidence keeping the appeal pending before it.
(3.) In challenging the above order of the appellate court remitting the matter regarding decision of the heirs and legal representatives of the deceased Babu Lal, the submission of learned counsel for the petitioners is that with the death of Babu Lal cause of action of the suit has seized to exits. The petitioners are no longer interested in pursuing the matter and therefore it is totally futile to remit the above aspect of the matter to the court of first instance.;