1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. SPECIAL APPEAL WRIT No.227/2000 (M/s. Jawahar Brothers Vs. State of Gujarat & Ors.) Date of order : 04.03.2010 HON'BLE MR.JUSTICE A.M.SAPRE HON'BLE MR.JUSTICE DINESH MAHESHWARI Mr. M.R. Singhvi, for the appellant. Mr. M.C. Bhoot, for the respondent. <><><> This is an intra-court appeal filed by writ petitioner of Writ Petition No.1357/1992 under Section 18 of the Rajasthan High Court Ordinance against an order dated 19.1.2000 passed by Single Judge in the above writ petition. 2. Admittedly, the issue, which is subject matter of this appeal, is now subject matter of First Appeal No.297/2007, which is pending at Jaipur Bench. It is not disputed that the issue in both these matters relates to the agreement dated 22.4.1975 entered into between the parties herein. 3. Since the issue involved in this case is also subject matter of First Appeal No.297/2007, we do not wish to express any opinion on the merits and demerits of the controversy and simply allow both the parties to prosecute the said appeal on its own merit. Needless to say depending 2 upon the out come of the said appeal, the parties' rights will be determined with reference to the terms of the agreement so also the evidence adduced by the parties in the suit, out of which the C.F.A.No.297/2007 arises. 4. Subject to the aforesaid observations, this appeal is disposed of. No cost. (DINESH MAHESHWARI),J. (A.M.SAPRE),J. /tarun/