(1.) Petitioner is defendant No. 1 and during the course of the proceedings of the suit, he filed an application under Order VII Rule 11 CPC which was, however, dismissed.
(2.) Such order is under challenge.
(3.) Learned counsel for petitioner states that since the suit is already progressing and the issues have already been framed, he may be permitted to withdraw the present petition while reserving his right to agitate all those issues before the learned Trial Court at the stage of final arguments.