// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.3398/2007 Shailendra Kumar Yagik S/o late Ram Nath Yagik Versus Shri Mirchu alias Permeshwar Dolya S/o Shri Dwarka Prasad and Another Date of Order ::: 29.08.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri D.S. Poonia, Counsel for petitioner Shri Ravi Kasliwal, Counsel for respondent #### By the Court:- Admit. Shri Ravi Kasliwal, Advocate, appears for the respondent No.1. Respondent No.2 is only a formal party, therefore its service is dispensed with. The plaintiff-respondent No.1 filed a suit for specific performance of the agreement and during the pendency of that suit the defendant-petitioner filed an application in the trial court for return of the original agreement but the said application has been rejected by the trial court vide order dated 21st March, 2007, which is under challenge in this writ petition preferred on behalf of the defendant. During the course of arguments the // 2 // learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to file fresh application for return of the original agreement soon after the evidence of both the parties is concluded. The prayer appears to be reasonable. The writ petition is accordingly dismissed as withdrawn with liberty, as prayed for. (Narendra Kumar Jain) J. //Jaiman//