D.B. CIVIL SPECIAL APPEAL (WRIT) NO.1018/2008 Latoor Lal V. Murti Mandir Shri Gopalji Birajman & Ors. Date of Judgment :: May 26, 2008. HON'BLE THE CHIEF JUSTICE MR.NARAYAN ROY HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr. N.K. Maloo for the appellant. Mr. R.N. Vijay for the respondents. *** Heard counsel for the parties and perused the order impugned. It appears that the learned Single Judge of this Court keeping in view the fact that the trial court has already recorded the findings and the matter was fixed for final arguments, directed the Sub-Divisional Officer to decide the suit on its own merit without being prejudiced by the observations made by the Revenue Appellate Authority and Revenue Board. Learned counsel for the appellant submitted that the in view of the findings of the appellate authorities, nothing was to be decided by the Sub- Divisional Officer, and therefore, it was an empty formality directing the Sub-Divisional Officer to decide the suit. It appears that on the basis of concession given by the counsel for the appellant before the Revenue Appellate Authority, the matter was remitted back. The appellant, in that view of the matter should not resile from its previous stand, especially, when the matter was ripe for arguments, this appeal could not have been filed. However, keeping in view the facts and circumstances of the case that the matter is pending consideration before the suit court, we do not find any reason to interfere in the matter. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ),J. (NARAYAN ROY),CJ. Skant/-