IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 825 of 2007 JETH PURI & ORS. V/S BOOLPURI & ORS. Mr. LR KALLA assisted by Mr.ARVIND KALLA, for the appellant / petitioner Mr. SALIL TRIVEDI, for the respondent Date of Order : 11.1.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI MOHAMMAD RAFIQ,J. ORDER ----- Heard learned counsel for the appellant, perused the file. We find that the order dated 3.3.2003 was very much under challenge before the learned Single Bench, while the notice was issued by the Division Bench vide order dated 11.9.2007 on the statement of the learned counsel that the order dated 3.3.2003 was never under challenge and that only final order was challenged. Obviously, when notice was issued on the basis of mis-statement of fact, we are not inclined to entertain the appeal. The same is, therefore, dismissed. However, with the consent of the parties, the direction of payment of cost as awarded in the order dated 11.9.2007 is not enforced. ( MOHAMMAD RAFIQ ),J. ( N P GUPTA ),J. /tarun/