1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Second Appeal No.719 of 2009. Ramesh Chand son of Shri Gopal Singh & Others VERSUS Hazari son of Shri Chhotu Date of Judgment :::: 27th January, 2010. Hon'ble Mr. Justice Dalip Singh Mr. N.C. Sharma, Counsel for the Defendant-appellants. *** By the Court : Learned counsel for the defendant-appellants prays that he may be permitted to file a miscellaneous appeal against the impugned judgment dated 04.11.2009, as the learned Appellate Court has merely remanded the matter to the learned trial Court and erroneously the appellants have filed the present second appeal. Prayer made by the learned counsel for the defendant-appellants is allowed. The second appeal as well as the stay application are permitted to be withdrawn and disposed of as having been withdrawn. 2 Liberty is granted to the appellants to file a miscellaneous appeal, if so advised, as prayed. The Registry is directed to return the certified copies, after retaining the Photostat copies of the documents, along with the `Vakalatnama' filed with the appeal. (Dalip Singh), J. Ashok/