1 D.B. CIVIL SPECIAL APPEAL (W) NO.478/2008 Baby Silawat Vs. State & Ors. Date of Order :: 22-04-2009 HON'BLE THE CHIEF JUSTICE MR. DEEPAK VERMA HON'BLE MR. JUSTICE PRAKASH TATIA Mr. M.C. Bhoot, for the appellant. Mr. S.G. Ojha, for respondent No. Mr. R.K. Soni, for the State. With consent, arguments heard. This is writ appeal preferred by the petitioner of Misc. Petition No.80/2003, decided by the learned Single Judge on 14.3.2008. After having gone through the impugned order passed by the learned Single Judge, the facts that have appeared in the same, do not reflect very happy picture, specially in the matters which are pending in the High Court. However, it is no more necessary to go into the controversy whether the application for withdrawal was filed by the appellant or not, or it was filed by someone else, impersonating herself is the appellant. Counsel appearing for the respondent submitted that they have no objection if the matter is heard on merits by the learned Single Judge. It was also brought to our notice that at one point of time, the learned Single Judge has also agreed that, without going into the matter, whether the application was filed by the present appellant for withdrawal or not, it is desirable that the matter itself should be heard on merits. That being so, without saying anything with regard to the impugned order passed by the learned Single Judge, we remit the matter to learned Single Judge for hearing on merits in accordance with law. Learned counsel for the parties would be at liberty to move an application for early hearing of the petition on merits. The 2 office is, therefore directed to list the matter before the appropriate Bench. Looking to the controversy involved, we direct the parties that status quo shall be maintained by them till the pendency of the writ petition. The appeal stands disposed of but with no order as to costs. [PRAKASH TATIA],J. [DEEPAK VERMA],CJ. Praveen