D.B. SPECIAL APPEAL (WRIT) NO.1112/2008 (Abdul Lateef & Anr. Vs. State of Rajasthan & Ors.) DATE OF ORDER : 15.12.2008 HON'BLE MR. JUSTICE A.M. KAPADIA HON'BLE MR. JUSTICE DEO NARAYAN THANVI Mr. Ram Kishore Soni for the appellants. Heard learned counsel for the appellants. Learned counsel for the appellant wants to withdraw this Special Appeal with liberty to file a civil suit against the order of issuing patta on the basis of fraud. Learned counsel for the appellant submits that since the suit may be hopelessly time barred, therefore, the trial court may be directed to consider all the circumstances including filing of the revision petition, writ and special appeal before this Court on moving application under Section 14 of the Limitation Act. In view of the above submissions of learned counsel for the appellant, this Special Appeal is dismissed as having withdrawn with liberty to the appellants-petitioners to file civil suit along with the application under Section 14 of the -2- Limitation Act, and in the event of moving such application, it is directed that the trial court shall not be influenced by the observations made by this Court and decide the same on merits in accordance with law. (DEO NARAYAN THANVI), J. (A.M. KAPADIA), J. ms rathore