The appellants have preferred this writ appeal challenging the order of the learned Single Judge of this Court dt. 29.05.2012 passed in W.P.No. 38086/2002, whereby the learned Single Judge has allowed the writ petition and quashed the acquisition proceedings initiated under the Land Acquisition Act, 1894 (hereinafter referred to as ‘the L.A. Act, 1894’ for short) mainly on the ground that the scheme which is prerequisite for going ahead with the acquisition of land under Sec. 33(2) of the Karnataka Housing Board Act (hereinafter referred to as ‘KHB Act’ for short) with the provisions of the L.A. Act, 1894, is neither framed nor finalized by the Karnataka Housing Board (hereinafter referred to as ‘Board’ for short); much less it is sanctioned by the State Government before going ahead with the project as required under the provisions of Secs. 20 and 21 of the KHB Act and on various other grounds.

2. The second respondent herein who is the petitioner in the writ petition has filed an application under Section 151 of CPC praying to dismiss the writ appeal, holding it ‘does not survive for consideration’ in view of the scheme being lapsed.

3. In the application, it is contended