IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 29.01.2009. S.B. CIVIL WRIT PETITION NO.12547/2008 Nar Singh & Ors. Vs. Madhav Nagar Graha Nirman Sahkari Samiti Ltd. & Anr. HON'BLE MR. JUSTICE DALIP SINGH Shri Sanjay Verma, for the petitioner. This writ petition has been filed against the order dated 30.8.2008 passed by the learned Additional District Judge (Fast Track) No.2, Jaipur District on an application filed under order 39 rule 1 and 2 CPC. Since the order is appealable under order 43 rule 1(r) CPC the writ petition is not maintainable on the ground of the alternative remedy. Learned counsel for the petitioner prays for leave to withdraw this writ petition with liberty to file a civil misc. appeal before this court. The prayer is allowed. This writ petition is dismissed as withdrawn with liberty to file a civil misc. Appeal against the impugned order if so advised. The Registry is directed to return the original documents filed along with the writ petition after retaining the photo stat copies of the same on record. The petitioner would be entitled to move an application seeking condonation of delay on account of the pendency of this writ petition before this court in accordance with law. Subject to the above, this writ petition is disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS