[1] DBSAW 959/2006 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT D.B. SPECIAL APPEAL (WRIT) NO. 959/2006 IN S.B. CIVIL WRIT PETITION NO. 5013/2006 R.S.R.T.C & ANR. Vs. GYARSILAL SHARMA & ANR. Date: 29.04.2009 HON'BLE MR. JUSTICE K.S. RATHORE HON'BLE MR. JUSTICE BHANWAROO KHAN Mr. Anuroop Singhi, Advocate for the appellants. Mr. D.P. Pujari, Advocate for the respondents. **** Learned counsel appearing for the respondent-plaintiff Gyarsilal Sharma has moved an application Inward No. 12895/2009 under Article 226 of the Constitution of India read with Section 24 CPC read with Section 151 CPC for seeking permission to withdraw the Civil Suit No. 1342/2004- Gyarsilal Sharma S/o Moolchand Sharma Vs. RSRTC & Ors., pending before the Additional Civil Judge (Jr. Division) No.2, Jaipur City, Jaipur. Learned counsel for the respondent submits that he sought withdrawal of the suit but his prayer was declined as this Court vide interim order dated 31.01.2007, has stayed the proceedings in Suit No. 1342/2004, therefore, the present application has been moved before this Court. Having heard rival submissions of the respective parties, as the plaintiff-respondent wishes to withdraw the suit itself, the present special appeal has become infructuous and the Civil [2] DBSAW 959/2006 Court is directed to accept the prayer of the plaintiff-respondent for withdrawal of the Suit No. 1342/2004. In the circumstances, the interim order dated 31.01.2007 granted by this Court also stands rejected. The present special appeal(writ) stands disposed of in the terms as indicated herein above. The application also stands disposed of. (BHANWAROO KHAN),J. (K.S. RATHORE),J. /KKC/