1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR D.B. Civil Special Appeal(Writ) No. 561/2009 In S.B. Civil Writ Petition No. 7522/2003 Rajasthan Rajya Vidyut Prasaran Nigam Limited & Another Versus Anandi Lal Mathur. Date of Order: 21.04.2010 Hon'ble Mr. Narendra Kumar Jain,J. Hon'ble Mrs. Meena V. Gomber,J. Mr. Virendra Lodha, for the appellants. Mr. Akhil Simlote, for the respondent. BY THE COURT: Learned counsel for the appellants submits that against an order of acquittal of respondent, the appellants had already preferred leave to appeal, which was granted, but the said fact could not be brought to the notice of the learned Single Judge, therefore, the appellants may be allowed to withdraw this special appeal with liberty to file review petition before the learned Single Judge, so they may bring this fact to the notice of the learned Single Judge. He further submits that it may also be observed that the delay in filing the review petition may be condoned by taking a sympathetic view. 2 The prayer appears to be reasonable and the same is allowed. The special appeal is, accordingly, dismissed as withdrawn with liberty to appellants to file review petition before the learned Single Judge. So far as delay in filing the review petition is concerned, it is needless to mention that learned Single Judge will consider the same sympathetically and will exclude, the period which has been spent in prosecuting the present special appeal. Learned counsel for the appellants prays that he may be returned certified copy of the impugned order, which has been filed alongwith this special appeal. The Registry may return the same, provided he furnishes a photostat copy thereof. (Meena V. Gomber),J. (Narendra Kumar Jain),J. Manoj Item No.2.