LAWS(RAJ)-2011-9-97

PARAS JAIN Vs. PRAMOD SHARMA AND ORS.

Decided On September 01, 2011
Paras Jain Appellant
V/S
Pramod Sharma And Ors. Respondents

JUDGEMENT

(1.) WRIT petition was dismissed because of per -emptory order, however, it has been restored today, while allowing application for restoration of writ petition i.e. S.B. Civil Misc. Restoration Application No. 417/2011.

(2.) LEARNED counsel for the Petitioner submitted that he filed an appeal along with stay application before Rajasthan State Co -operative Tribunal, but since the Tribunal was not functioning for want of Presiding Officer and there was none to pass any interim order on the stay application, therefore, present writ petition was preferred before this Court. Since, Presiding Officer of Rajasthan State Co -operative Tribunal is now available and the Tribunal is functioning, therefore, he may be permitted to withdraw this writ petition with liberty to pursue his appeal, which is pending before Rajasthan State Co -operative Tribunal.

(3.) WRIT petition as well as stay application both are, accordingly dismissed as withdrawn with liberty, as prayed for.