1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.12349 of 2009 Ashok Kumar Taksali son of Shri T.N. Taksali VERSUS Jaswant Singh son of Shri Kartar Singh Bagga and Another Date of Order :::: 05/02/2010. Hon'ble Mr. Justice Dalip Singh Mr. Ashok Kumar Pareek, Counsel for the Petitioner. Mr. Sanjay Mehrishi, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties. Matter comes upon on the application submitted by the respondents for vacation of the ex-parte stay order passed by this Court on 26.10.2009 by which the proceedings before the learned trial Court were stayed. The writ petition has been filed against the order dated 04.09.2009 by which the objections raised by the petitioner with regard to the maintainability of the cross objections filed by the non-petitioners were rejected. I am of the view that the appeal is still pending before the learned Appellate Court and in case the learned 2 Appellate Court dismisses the cross objections filed by the respondents on merits, the petitioner would have no cause of action with regard to challenging the maintainability of the same. Only in the event that the cross objections are allowed would the petitioner have any grievance. In case, the learned Appellate Court allows the cross objections filed by the non- petitioners on merits, it would be open for the petitioner to challenge the same in an appropriate forum and raise all such objections with regard to the maintainability etc., of the same, which were raised in the application filed before the learned Appellate Court on 01.08.2009. Subject to the above, the writ petition and the application submitted by the respondents stand disposed of. Interim order dated 26.10.2009 stands vacated. The learned Appellate court is free to proceed in the matter. (Dalip Singh), J. Ashok/