1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. S.A.W. No.106/2010 Shri Sanwaliya Ji Mandir Vs. Badri Lal Sharma Date of order : 24.2.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. B.R.Mehta, for the appellant. <><><> This is an intra court appeal filed by writ petitioner of Writ Petition No. 5993/2007 under Rule 134 of the Rajasthan High Court Rules against an order dt. 28.10.2009 passed by the learned Single Judge in Writ Petition No. 5993/2007. Admittedly, the impugned order dt. 28.10.2009 is an interim one passed in a pending writ petition by which interim stay to the writ petitioner was declined . In our view, the proper remedy in such case for the appellant would be to approach the learned Single Judge in a pending writ petition and file appropriate application for recalling or modifying etc. Needless to observe if any such application is made by the appellant in pending writ, the same shall be decided by the writ court in accordance with law. It is with these observations and liberty we do not wish to interfere in the impugned order at this stage and dismiss the appeal in limine. (DINESH MAHESHWARI ),J. (A.M.SAPRE ),J. /Sushil/