IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 13.5.2009. S.B. CIVIL MISC. APPEAL NO.1392/2002 HON'BLE MR. JUSTICE DALIP SINGH Shri K.K. Sharma, for the appellant. Shri S. Kasliwal } Shri Vikram Singh}, for the respondent. Learned counsel for the appellant has filed an application bearing No.4108 for withdrawal of this appeal in view of the fact that respondent plaintiffs have withdrawn the suit filed by them against the appellant before the learned court below. Since the appeal arise out of the order passed on the application for grant of temporary injunction under Order 39 Rule 1 & 2 CPC and suit itself is not surviving, this appeal has become infructuous and therefore the application submitted by the appellant is disposed of. The appeal as well as the stay application are dismissed as having become infructuous. (DALIP SINGH),J. Ramchandrkhatri,PS