1 42 S.B. CIVIL WRIT PETITION NO.2843/2008 (Mahendra Pal Soni Vs. Jagdish Giri @ Jagga & Ors.) Date of Order :: 05h May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.C.S.Kotwani, for the petitioner .... After attempting to argue the matter for some time, but in view of the observations as made in paragraph 6 of the impugned order whereby the application moved by the plaintiff-petitioner under Order VII Rule 11 CPC for rejection of counter claim taken by the defendant has been treated premature, learned counsel submitted that the petitioner shall stand advised to take appropriate steps in accordance with law and, therefore, seeks permission to withdraw this writ petition and the application moved before the Trial Court with liberty for the petitioner to file appropriate application before the Trial Court. So far the proposition of withdrawal of the application is concerned, suffice it to point out that the learned Trial Court has rejected the application only as premature. There appears no reason to pass any order permitting the petitioner to withdraw the application as moved by him. So far the withdrawal of the writ petition is concerned, the petitioner is permitted to do so. So far any other proposition of extending 2 any liberty to the petitioner is concerned, no such observations or liberty is required to be stated in this order because whatever proposition is stated before the learned Trial Court, the same is required to be dealt with by the Trial Court in accordance with law. The petition is, accordingly, dismissed as withdrawn. (DINESH MAHESHWARI), J. s.soni