1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL MISC. APPEAL NO.59/2007. Mohar Singh. VERSUS Amar Singh & Another. 03.03.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.L.L.Gupta, for the appellant. Mr.R.K.Mathur, for the respondent. ***** The respondent has filed an application under Section 151 bearing No.3767 dated 02.02.2007 stating therein that the appeal is not maintainable. A similar application has again been filed bearing No.23978 dated 17.09.2007. Matter comes up on both the said applications. Learned counsel for the respondent raised objection that under Section 46 of the Rajasthan Municipalities Act, 1959, the present appeal is not maintainable against the interlocutory order directing the recounting of the votes. Faced with the above, learned counsel for the appellant prays that he may be permitted to withdraw this appeal for taking resort to the remedy as may be available under the law. Accordingly, both the applications are allowed. 2 Consequently, this appeal is dismissed as withdrawn with liberty to the petitioner to take recourse of the remedy that may be available under the law, if so advised. The Registry is directed to return the certified copy of the order dated 16.12.2006 after retaining a photostat copy of the same on record. The appeal as well as the both the applications stand disposed of. The interim order dated 12.01.2007 stands vacated. (DALIP SINGH),J. Solanki DS, Jr.P.A.