1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. O R D E R S.B. CIVIL WRIT PETITION No.5928/2005. : : Maulana Gulam Abdul Kasim Vs. The Dargah Committee. : : Date of Order 2.12.2008 HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Mr.Ashish Saksena for the petitioner. Mr.K.C.Sharma for the respondent. Heard learned counsel for the parties. This writ petition has been filed against the termination order dated 27.9.1985. Learned counsel for the respondent has raised an objection about the maintainability of the writ petition on the terms that substantially on the same relief the petitioner had filed injunction suit, which was rejected and thereafter his suit was rejected as time barred on 24.10.1994 thereafter his regular first appeal was also dismissed on 8.1.2001 and the writ petition itself was filed on 12.4.2004. Learned counsel for the petitioner however submits that first appeal of the writ-petitioner was dismissed not on merits, but on account of delay of 45 days and the 2 petitioner due to his family circumstances could not approach this Court because of lack of money and proper legal advice. Learned counsel for the petitioner submitted that he may be given liberty to now file second appeal before this Court but with the observation that petitioner having bonafidely persuade wrong remedy by filing the present writ petition on 12.10.2004 should be given benefit of Section 14 of the Limitation Act. Although the petitioner has the right to withdraw his petition but whether or not he should be granted benefit of limitation on account of the fact that he wrongly filed writ petition whereas against the judgment of the Civil Court the remedy available is to file second appeal, it is question for determination in the second appeal if and when filed by the petitioner along with application for condoning the delay. Obviously, the petitioner would at liberty to take all such grounds in such appeal while explaining the delay caused from the time of dismissal of his first appeal as time barred till he filed writ petition on 12.10.2004 and subsequent thereto, when he now files second appeal before this Court. 3 With the aforesaid liberty and the observations, the writ petition is allowed to be withdrawn. (MOHAMMAD RAFIQ)J. A.Arora/- Item No.65