DBSAW No.744/2008. 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. J U D G M E N T Mahadev Vs. The Additional Collector-III, Jaipur & Ors. D.B. CIVIL SPECIAL APPEAL (WRIT) NO.744/2008. In S.B. CIVIL WRIT PETITION NO.5940/2002. Date of Judgment:- April 10, 2008. PRESENT HON'BLE THE CHIEF JUSTICE SHRI NARAYAN ROY HON'BLE SHRI JUSTICE MOHAMMAD RAFIQ Mr. Inderjeet Singh for the appellant. ***** BY THE COURT:- In course of argument, learned counsel for the appellant submitted that for the self-same cause, respondent No.3 has already filed a suit before the competent civil court where he is one of the parties. At the same time, he also submitted that the observations made by the learned Single Judge of this court while disposing of the writ application, will prejudice the competent civil court in deciding the suit. Since the suit has already been filed for the self-same cause where the appellant is one of DBSAW No.744/2008. 2 the parties, in our view, this appeal should not be entertained. It is accordingly dismissed. However, it is clarified that the observation, if any, made by the learned Single Judge of this Court on merit of the case, will not prejudice the competent civil court in deciding the suit. (MOHAMMAD RAFIQ), J. (NARAYAN ROY), CJ. anil