1 S.B.CIVIL WRIT PETITION NO.7979/2008. Sita Ram. VS Hari Naravan & Ors. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.7979/2008. Sita Ram. VERSUS Hari Naravan and Others. 20.05.2009. HON'BLE MR.JUSTICE DALIP SINGH Mr.Ashutosh Bhatia, for the petitioner. Mr.Manoj Bhardwaj, for the respondents. ***** The matter comes up on the two applications submitted by the respondents. The application No.11856 has been filed under Article 226(3) of the Constitution of India for vacation of ex-parte interim order. The second application No.17327 has been filed by the respondents with the prayer that the application submitted under Article 226(3) of the Constitution of India may be heard and decided at an early date. Heard learned counsel for the parties on the merits. In the writ petition, the petitioner has challenged the order (Annexure-3) dated 02.08.2008 by which the learned trial court rejected the prayer of the petitioner for taking on record the list of witnesses submitted by the petitioner. The principal reason given by the learned trial court is that the issues were framed on 2 S.B.CIVIL WRIT PETITION NO.7979/2008. Sita Ram. VS Hari Naravan & Ors. 06.07.2006 and the learned trial court had closed the evidence of the non-petitioner on 09.04.2007 and the case was fixed for the evidence of the petitioner, the elected candidate, on 07.05.2007. During this period from 09.04.2007 till the passing of the impugned order on 02.08.2008, the petitioner neither filed the list of witnesses nor produced any of the witnesses, instead on 29.07.2008 the present application came to be filed. After the notices were served, the respondents have put in appearance and filed their reply and along with the reply, the non-petitioner has filed a copy of the ordersheet dated 16.01.2009 as Annexure-R/1. The same reads as follows:- “16.1.09 प्षकारान के अिधवक् ता उपिः थत है साआ य ूत् यथȸ में कोई गवाह पेश नहीं करना चाहता एवं साआ य ूत् यथȸ समाप् त की जाती है । पऽावली वाः ते बहस अिन् तम िदनांक 5.2.2009 को पेश हो ।" Admittedly, the aforesaid order dated 16.01.2009 has not been challenged by the petitioner and the petitioner has himself stated before the learned trial court that he does not want to produce any further witness. In the facts and circumstances, therefore, I am not inclined to interfere with the impugned order. It is, however, made clear that in case the petitioner is aggrieved by the ultimate decision given by the learned court below, the petitioner would have the liberty to raise these grounds in any appeal that may 3 S.B.CIVIL WRIT PETITION NO.7979/2008. Sita Ram. VS Hari Naravan & Ors. be filed by the petitioner. Subject to the above, the writ petition as well as both the applications stands disposed of. The interim order stands vacated. (DALIP SINGH),J. Solanki DS, Jr.P.A.