1 S.B.CIVIL SECOND APPEAL NO.107/2003. Kuldeep Singh & Ors. VS Municipal Corporation, Kota. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL SECOND APPEAL NO.107/2003. Kuldeep Singh and Others. VERSUS Municipal Corporation, Kota. 23.03.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Rajveer Sharma, for the appellants. Mr.Subhash Jain, for the respondent. ***** Perused the letter dated 23.01.2010 received from the learned trial court (Additional Civil Judge (Junior Division) and Judicial Magistrate No.1, Kota North) in respect of the directions issued in S.B.Civil Second Appeal No.107/2003 decided on 14.11.2007. While allowing the appeal, this court passed the following order:- “In that view of the matter I am inclined to allow this appeal and set aside the judgment of the courts below and remand the case to the learned trial court for deciding the suit in accordance with law and the applications which are alleged to be pending as per the submission of the learned counsel for the appellant. The parties are directed to appear before the learned trial court on 17.12.2007 and for which no further notice will be issued by the learned trial court. The learned trial court shall proceed in the matter subject to payment of cost of Rs.10,000/- by the plaintiff appellant to the defendant respondent. In case however it is 2 S.B.CIVIL SECOND APPEAL NO.107/2003. Kuldeep Singh & Ors. VS Municipal Corporation, Kota. found that no such application was filed or is pending as stated by the learned counsel for the appellant the trial court is directed to bring this fact to the notice of this court. The appeal stands disposed of subject to the above conditions. The stay application also stands disposed of.” The learned court below has informed this court that in pursuance of the directions given by this court for the parties to appear before the learned trial court on 17.12.2007 none of the parties appeared before the learned trial court. It is also submitted that no application is pending before the learned trial court, as was submitted before this court. Learned counsel Mr.Rajveer Sharma and Mr.Subhash Jain appearing on behalf of the parties before this court admit the fact that neither the parties appeared before the learned trial court, as per the directions nor the amount of cost paid in terms of the aforesaid directions and also that no such application is now pending before the learned trial court. In the facts and circumstances, therefore, the order dated 14.11.2007 is recalled and S.B.Civil Second Appeal No.107/2003 along with the stay application stands dismissed in the light of the above facts. (DALIP SINGH),J. Solanki DS, Jr.P.A.