1 S.B. Civil Writ Petition No.4620 of 2006. Smt.Gulshan wife of Shri Alauddin Versus Additional Civil Judge (JD) & Judicial Magistrate No.1, Sikar and Another IN THE HIGH COURT OF JJDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Civil Writ Petition No.4620 of 2006. Smt. Gulshan wife of Shri Alauddin Versus Additional Civil Judge (JD) & Judicial Magistrate No.1, Sikar and Another Date of Order :::: 30/07/2009 Hon'ble Mr. Justice Dalip Singh Mr. Ajay Gupta, Counsel for the Petitioner Mr. Vinod Kumar Tamoliya, Advocate for Mr. N.K. Maloo, Counsel for the Respondents Per Court : Heard learned counsel for the parties. Learned counsel for the respondents has submitted that the present writ petition is not maintainable. Inasmuch as, the impugned order has been passed on the application submitted by the objector on being dispossessed in execution of the decree passed in favour of the respondents. 2 S.B. Civil Writ Petition No.4620 of 2006. Smt.Gulshan wife of Shri Alauddin Versus Additional Civil Judge (JD) & Judicial Magistrate No.1, Sikar and Another He submits that such an application amounts to an application under Order 21 Rule 99, C.P.C. It is submitted that the order passed on the application amounts to an order under Rule 100 of Order 21, C.P.C. He has further submitted that under the provisions of Rule 103 of Order 21 an order passed under Rule 100 of Order 21 is appealable being a decree. He further submits that the present order being appealable as a decree, therefore, the writ petition is not maintainable. The aforesaid submissions of the learned counsel for the respondents cannot be disputed, which is duly supported by the judgments of P&H High Court reported in A.I.R. 2007 Punjab & Haryana 88 (Sunam Co-operative Marketing Society V. RamaKant & Others) and of this Court in the case of Balraj Singh and Another Vs. Ajit Singh, reported in W.L.C. (Raj) 2004 (4) Page 85. In view of the above, the learned counsel for the petitioner, prays for leave of this Court to withdraw this petition with liberty to file an appeal against the impugned order. 3 S.B. Civil Writ Petition No.4620 of 2006. Smt.Gulshan wife of Shri Alauddin Versus Additional Civil Judge (JD) & Judicial Magistrate No.1, Sikar and Another In the facts and circumstances of the present case, this writ petition is dismissed as withdrawn with liberty to the petitioner to prefer an appeal in accordance with law, if so advised. The Registry is directed to return the original documents filed by the petitioner, along with this petition after retaining Photostat copies of the same on record. The petitioner in the event of the appeal being filed may claim for condonation of delay in preferring the appeal in accordance with law. Subject to the above, the writ petition stands disposed of. (Dalip Singh) J. ashok/ 4 S.B. Civil Writ Petition No.4620 of 2006. Smt.Gulshan wife of Shri Alauddin Versus Additional Civil Judge (JD) & Judicial Magistrate No.1, Sikar and Another