[1] SB CIVIL SECOND APPEAL 406/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR JUDGMENT S.B. CIVIL SECOND APPEAL NO.406/2010 BHAGWAN DAS & ORS. Vs. STATE OF RAJASTHAN & ANR. Date: 28.10.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Rinesh Gupta, Advocate along with Appellant No.2 Ghanshyam Pancholi present. **** This is plaintiffs' second appeal in a suit for permanent and mandatory injunction which has been dismissed by both the Courts below. Learned counsel for appellants on instruction of his client Shri Ghanshyam Pancholi, who is present in the Court, submitted that he may be allowed to withdraw this second appeal, but it may be observed that appellant will be free to challenge the acquisition proceedings by any other means before appropriate forum and observations/ findings of both the Courts below may not come in his way. Prayer appears to be reasonable, therefore, the same is allowed. The second appeal is, accordingly, dismissed as withdrawn with liberty to [2] SB CIVIL SECOND APPEAL 406/2010 appellant to challenge the acquisition proceedings before appropriate forum and the said proceedings will be decided independently without being influenced by any observation/finding of both the Courts below. (NARENDRA KUMAR JAIN),J. /KKC/ [3] SB CIVIL SECOND APPEAL 406/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B.CIVIL MISC. STAY APPLICATION NO.2033/2010 IN S.B. CIVIL SECOND APPEAL NO.406/2010 BHAGWAN DAS & ORS. Vs. STATE OF RAJASTHAN & ANR. Date: 28.10.2010 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Rinesh Gupta, Advocate along with Appellant No.2 Ghanshyam Pancholi present. **** Since the main appeal itself has been dismissed, therefore, the stay application does not survive and the same also stands dismissed. (NARENDRA KUMAR JAIN),J. /KKC/