// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.539/2007 Dashrath Singh S/o late Shri Sambhu Singh Versus Additional District & Sessions Judge, Beawar and Another Date of Order ::: 22.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Saransh Saini with Ms. Neelam Pareek, Counsel for petitioner None present for respondents #### By the Court:- No one is present on behalf of the respondent in spite of service of notice. Admit. Heard learned counsel for the petitioner. The petitioner has preferred this writ petition against the impugned order dated 17th January, 2007 passed by the Additional District & Sessions Judge, Beawar, whereby the petitioner was directed to remove the disputed wall alleged to have been raised during the pendency of the appeal. During the course of arguments, the learned counsel for the petitioner sought // 2 // permission to withdraw the writ petition in view of the fact that the disputed wall has already been demolished and prayed that a liberty may be granted to him to raise all the points raised in this writ petition at the time of final disposal of the miscellaneous appeal, arising out of an order passed under Order 39 Rules 1 & 2 CPC, pending before the first appellate court. He further submits that the first appellate court may be directed to decide the appeal itself as early as possible. The prayer of the learned counsel for the petitioner appears to be reasonable and the same is allowed. The writ petition is dismissed as withdrawn with the aforesaid liberty to the petitioner, and direction to the first appellate court i.e. the Additional District & Sessions Judge, Beawar, District Ajmer, to decide the appeal itself within a period of three months from the date of receipt/submission of this order. A copy of this order may be sent to the said Court. There will be no order as to costs. (Narendra Kumar Jain) J. //Jaiman//