1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER 1. S.B.CIVIL MISC. APPEAL NO.4178/2006. Hari Narain. VERSUS Gopal Narain. 2. S.B.CIVIL MISC. APPEAL NO.307/2007. Gopal Narain Mishra. VERSUS Hari Narain Mishra. 04.03.2008. HON'BLE MR.JUSTICE DALIP SINGH Mr.Param Pawan, for the defendant Hari Narain. Mr.M.M.Ranjan, for the plaintiff Gopal Narain. ***** S.B.CIVIL MISC. APPEAL NO.4178/2006 The application No.2703 dated 30.01.2008 is filed in S.B.Civil Misc. Appeal No.4178/2006 by the appellant-Hari Narain who is present in person with the prayer for recalling the order dated 12.12.2007 by which the appellant was ordered to be summoned by non-bailable warrant. I have perused the contents of the application. On the grounds mentioned in the application more particularly para No.5 thereof and the fact that the appellant who is present in person has tendered an unconditional apology before this court for his non-appearance before the court when the case was called on 12.12.2007, I am inclined to accept this application and recall the order dated 12.12.2007 by which the appellant was ordered to be summoned by non-bailable warrants. The 2 non-bailable warrants so issued may be treated as canceled. The application stands disposed of. Heard learned counsel for the parties. It has been submitted by the learned counsel for the appellant that the undertaking dated 22.09.2000 for the breach of which the appellant has been held liable under Order 39 Rule 2A C.P.C., the application for the grant of temporary injunction, stood dismissed by the learned trial court vide order dated 09.03.2006. As such, in view of the fact that the application for grant of temporary injunction regarding the breach of which the appellant has been held liable, was vacated and the application dismissed and in view of the fact that the appellant who is present in person has tendered an unconditional apology before this court and the learned counsel for the appellant submits that in pursuance of the order dated 09.03.2006, the appellant is making full compliance with the orders passed by the learned trial court and submitting the return before the learned trial court, I am inclined to accept this appeal taking into consideration the apology tendered by the appellant before this court and the subsequent events on account of which the interim order has been vacated and modified and set aside the order of punishment against the appellant dated 23.11.2006. Consequently, this appeal filed by the appellant stands disposed of. 3 S.B.CIVIL MISC. APPEAL NO.307/2007 In view of the above order passed in S.B.Civil Misc. Appeal No.4178/2006, this appeal against the order dated 23.11.2006 also stands disposed of. (DALIP SINGH),J. Solanki DS, Jr.P.A.