1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Miscellaneous Appeal No.5275 of 2008. Agyapal Singh Chabbra S/o.Sh. Sardar Mangal Singh Chabbra VERSUS Late Smt. Kisturi Devi wife of late Shri Mool Chand (since died) through her LRs. Sunil son of Shri Om Prakash Gupta & Anr., Date of Order :::: 02/02/2010. Hon'ble Mr. Justice Dalip Singh Mr. Rajesh Kapoor, Counsel for the Appellant. Mr. M.M. Ranjan, Counsel for the Respondents *** By the Court : Heard learned counsel for the parties. Learned counsel for the appellant submits that he may permitted to withdraw this miscellaneous appeal and a direction may be given to the learned trial Court to decide the matter on remand in the light of the judgment of the learned Appellate Court dated 17.11.2008 as expeditiously as possible, as the question, which has been framed by the learned Appellate Court is of a limited nature with regard to the inquiry under Order 22 Rule 5, C.P.C. and decide the suit afresh. 2 Learned counsel for the respondents has no objection to the same. It is submitted that the affidavits of the witnesses have already been filed by both the sides and on two dates, which may be fixed by the learned trial Court the parties would bring all the witnesses for the purposes of cross-examination. The aforesaid prayer is allowed. In the facts and circumstances with the co-operation of the parties, the learned trial Court is directed to decide the matter as expeditiously as possible preferably within three months. Subject to the above, the miscellaneous appeal stands disposed of as withdrawn. (Dalip Singh), J. Ashok/