// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Misc. Writ Petition No.6246/2008 Smt. Sushila W/o Shri Ratan Lal Bhat Versus Municipal Council Kishangarh through its Executive Officer and Others Date of Order ::: 29.07.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri Vinodi Lal Mathur, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. The plaintiff has preferred this writ petition challenging the impugned order dated 22nd February, 2008, whereby her application under Order 41 Rule 5 CPC for grant of stay order during the pendency of the appeal, has been dismissed. The plaintiff-petitioner filed a suit for permanent and mandatory injunction in respect of disputed property but the same was dismissed by the trial court vide judgment and decree dated 28th November, 2007. Being aggrieved with the same, she preferred an appeal along-with the stay application under Order 41 Rule 5 CPC. The appellate court vide // 2 // the impugned order dismissed the application of the petitioner, hence this writ petition. The learned counsel for the petitioner contended that the defendant No.2 has not furnished any undertaking in pursuance of the impugned order dated 22nd February, 2008, rather the disputed property has been demolished by him. However, during the course of arguments, the learned counsel for the petitioner made a prayer that in the changed circumstances he may be allowed to withdraw this writ petition with liberty to the petitioner to file an injunction application before the first appellate court for grant of appropriate relief during the pendency of the appeal. The prayer of the learned counsel for the petitioner appears to be reasonable and the same is allowed. The writ petition is accordingly dismissed as withdrawn with liberty to the petitioner, as prayed for. (Narendra Kumar Jain) J. //Jaiman//