S.B.CIVIL MISC. APPEAL NO. 730/2009. Niranjan Lal V/s. M/s. Kailash Chand Vijay Kumar Vajirpur & Anr. 1 S.B.CIVIL MISC. APPEAL NO. 730/2009. Niranjan Lal V/s. M/s. Kailash Chand Vijay Kumar Vajirpur & Anr. Date of Order: 6th May, 2009 HON'BLE MR. JUSTICE DALIP SINGH Mr. Jitendra Sharma, for the appellant. The learned counsel for the appellant prays for leave to withdraw this appeal along with application submitted under Order 39 Rule 1 and 2 with liberty to file an application under Order 38 Rule 5 CPC. In the facts and circumstances, the appeal is disposed of as withdrawn the application submitted by the appellant under Order 39 Rule 1 & 2 also stands dismissed as withdrawn. Liberty is granted to the petitioner for filing S.B.CIVIL MISC. APPEAL NO. 730/2009. Niranjan Lal V/s. M/s. Kailash Chand Vijay Kumar Vajirpur & Anr. 2 an application under Order 38 Rule 5 CPC which shall be decided in accordance with law. The appeal and the stay application are accordingly disposed of. (Dalip Singh),J. Tanwar/- Jr.P.A.