' IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal has been filed against the judgment, dated 21st April, 1999 passed by Lahore High Court,. Lahore whereby I.C.A. Filed by petitioner has been dismissed.
2. Learned counsel appearing for petitioners stated that after having examined the legal position, he is of the opinion that against the order, dated 18th February, 1998, passed in Writ Petition No,17131 of 1997, petitioners should have filed independent I.C.A. Within the period of 20 days as contemplated under Article 150 of the Limitation Act, therefore, permission be accorded to him to withdraw this petition with observation that petitioners will be free to approach the I.C.A. Bench for the redressal of their grievance by filing I.C.A., with application under section 14 of the Limitation Act for condonation of the delay if has occurred because during this period they had been diligently pursuing the matter under a wrong legal impression.
3. Learned Advocate-General, Punjab stated that he has serious objection on the maintainability of the I.C.A. If filed against the judgment, dated 18th February, 1998 passed by High Court in Writ Petition No,17131 -of 1997 with an application under section 14 of the Limitation Act for condonation of delay.
4. We are not inclined to dilate upon the maintainability or otherwise of I.C.A., if filed before learned High Court at this stage because it would be for the learned High Court to examine this aspect of the case according to law but as now a request has been made for withdrawal of petition, therefore, in view of the statement of learned counsel for petitioner, without making any observation and causing prejudice to any of the parties, petition is dismissed as withdrawn and petitioners are allowed to seek remedy from the appropriate forum strictly in accordance with the provisions of law. Needless to observe that if such proceedings are instituted, other side will have opportunity to contest the same squarely on all legal and factual planes.
' Petition is dismissed as withdrawn with above observations.