1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 5 of 2008 AATMA RAM & ANR V/S MAHESH PARIHAR & ORS Mr. MC BHOOT, for the appellant / petitioner Mr. MR SINGHVI, for the respondent Date of Order : 30.7.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Learned counsel for the respondent has filed an application under O. 41 Rule 27 C.P.C. seeking to produce certain documents. That application has not been opposed by the learned counsel for the appellant. Therefore, the documents are taken on record. From perusal of the documents it is clear that the appellant has already filed a suit for partition, and various other reliefs; in substance meaning to assert their rights on the property. The purpose of filing the application under O. 1 Rule 10 in the present litigation is also the same, being to assert their right in the property, and get rid of the consequence of agreement to sale executed by Raja Ram, and the decree passed. 2 In that view of the matter, when the suit has already been filed, the parties will litigate out their rights, and the exercise of filing application under O. 1 Rule 10, and its disposal now become only academic. The appeal is accordingly disposed of, making it clear that the parties will litigate out their rights in the suit filed by the appellant, and the findings recorded in the present litigation will not come in the way of the appellant in that suit. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /Sushil/