IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 02.4.2008. S.B. CIVIL MISC. APPEAL NO.1288/2008 HON'BLE MR. JUSTICE DALIP SINGH Shri Rajendra Prasad, for the appellant. Learned counsel for the plaintiff appellant has submitted that the learned trial court has dismissed the plaintiff's application for grant of temporary injunction only on account of the fact that the plaintiff in the plaint has not made a prayer specifically for cancellation of the sale deed though the plaintiff has prayed that it may be declared that the sale deed in favour of the defendant is in operative as against the plaintiff. Learned counsel for the appellant submitted that he may be permitted to withdraw the application under order 39 rules 1 and 2 with liberty to file a fresh application after seeking amendment of the plaint incorporating the relief of cancellation of the sale deed. Having heard the learned counsel for the plaintiff appellant, the prayer is allowed. The appeal is disposed of with the direction that the application filed under order 39 rules 1 and 2 read with Section 151 C.P.C. by the plaintiff appellant is dismissed as withdrawn with the liberty to file fresh application. The appeal as well as the stay application are accordingly disposed of. (DALIP SINGH),J. Ramchandrkhatri,PS