IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 24.4.2009. S.B. CIVIL MISC. APPEAL NO.3612/2007 Kaluram Vs. Babulal & Ors. HON'BLE MR. JUSTICE DALIP SINGH Shri N.K. Mishra, for the appellant. Shri J.K. Gupta, for the respondent. Learned counsel for the respondent has moved an application for vacation of exparte stay order dated 3.10.2007 by which the further proceedings before the court below were ordered to be stayed. The appeal has been filed against the order by which the application under Order 9 Rule 13 CPC was allowed. The learned counsel for the respondent has raised an objection that the appeal under Order 43 Rule 1 CPC is only maintainable in case the application under Order 9 Rule 13 CPC has dismissed and not against the order allowing the said application. In view of the above the learned counsel for the appellant seeks leave of the court to withdraw of the appeal with liberty to seek remedy in accordance with law. The prayer made by the learned counsel is allowed. The appeal as well as SB CMA NO.3612/2007 the stay application are dismissed as withdrawn with liberty to the appellant to seek the remedy in accordance with law. The Registry is directed to return the original documents to the learned counsel for the appellant after retaining the photo stat copies of the same on record. The appeal as well as the stay application are dismissed as withdrawn. The application filed by the respondent stands disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS