1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B. Civil Writ Petition No.3844/2007 {M/s. Brijendra Minerals Versus M/s. Rajasthan Khanij Agency & Others} Date of Order :: 8th July, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ajay Kumar Bajpai for the petitioner Mr. Champeshwar Moyal for Mr. Mahesh Sharma for the respondents BY THE COURT: The present writ petition was preferred challenging the impugned order dated 17th March, 2007 (Annexure-4) whereby the appeal filed by plaintiff – respondent no.1 was allowed by first appellate court against order dated 21st February, 2006 passed on an application under Order 39 Rule 4 CPC. The learned counsel for the petitioner contended that there are number of litigations pending in between both the parties and in one of the writ petition i.e. S.B. Civil Writ Petition No. 7846/2007 decided on 17th April, 2008, a coordinate bench of this Court has already directed the trial court to decide the civil suit within a period of three months and a liberty has also been granted to parties to 2 file the certified copies of the documents / reports filed by them in the said writ petition alongwith proper application which shall be decided in accordance with law. He, therefore, submits that in view of directions given by coordinate bench of this Court, as referred above, the present writ petition which relates to an application under Order 39 Rule 4 CPC may be disposed of. 2. In view of above submission of learned counsel for the petitioner and the order passed by this Court dated 17th April, 2008, the writ petition stand disposed of. (NARENDRA KUMAR JAIN),J. DK