1 26 S.B. CIVIL WRIT PETITION NO.4253/2007. Krishna Gopal Paliwal Vs. A.D.J. (E) No.2, Udaipur & Ors. Date of Order :: 29th April 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. C.S. Kotwani, for the petitioner. ..... BY THE COURT: Learned counsel for the petitioner submits that in pursuance of the order dated 23.07.2007 passed in this writ petition, the statements of the witnesses on behalf of the petitioner has already been completed and the matter was fixed for final arguments. However, learned counsel submits want of further instructions from the petitioner as to whether the suit is pending or not ? The respondents, though served in this writ petition, have not appeared. Of course, only a show cause notice has been issued in the matter but it appears that in view of the order already passed by this Court on 23.07.2007, the respondents have chosen not to contest this matter any further; and no useful purpose would be served by keeping this petition pending. The order passed by this Court on 23.07.2007 reads as under: 2 “Issue notice. Issue notice of stay application. Meanwhile, the learned trial Court may continue to complete the statements of the petitioner, and on the day the statement of the petitioner are completed, the other witnesses, Sita Ram, Sudesh Gaur and Murari Lal shall be allowed to be cross-examined by the plaintiff. However, if all or any of these witnesses are not present on that day, no further opportunity shall be given to the petitioner, and the trial may proceed thereafter.” In view of the submissions as made by the learned counsel for the petitioner that the evidence has been recorded in pursuance of the aforesaid order and the matter had proceeded further, it appears appropriate that the aforesaid order dated 23.07.2007 be made absolute and the impugned order dated 15.05.2007 closing down the evidence be set aside to clarify that the evidence so recorded shall form part of the record. Accordingly, while making the order dated 23.07.2007 absolute and clarifying that the evidence recorded in its terms shall form part of the record and the learned Trial Court shall proceed further in accordance with law, this writ petition is allowed. No order as to costs. (DINESH MAHESHWARI), J. Mohan/