IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL MISC. APPEAL No. 407 of 2005 CHANAN RAM & ANR V/S GANESHRAM & ORS Mr. RK THANVI, for the appellant / petitioner Mr. DD CHITLANGI, for the respondent Date of Order : 4.7.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- The matter comes up for consideration of stay. However, with consent of learned counsel for the parties, it is directed that the matter is sent back to the learned lower Appellate Court with a direction to decide the matter on merits on the basis of material already on record. Obviously therefore, the order of remand is set aside. Accordingly, the appeal is disposed of by setting aside the impugned order and directing the learned lower Appellate Court to decide the matter on merits on the basis of material already on record. The parties are directed to appear before the learned lower Appellate Court on 16.7.2007. ( N P GUPTA ),J. /tarun/