[2025:RJ-JP:25542] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 319/2016 Surendra Kumar S/o Shri Sohanlal, aged about 28 years, R/o Village Bai, P.S. Nawalgarh, District Jhunjhunu - Owner Truck No. RJ.18.GA.0330 ----Appellant/Non-Claimant No.2 Versus 1. Nasri @ Nassi, widow of Ajan 2. Arsida @ Kal D/o Ajan 3. Guddi D/o Ajan 4. Hunni D/o Ajan aged 17 years 5. Asam S/o Ajan aged 11 years 6. Taslim @ Tissi S/o Ajan aged 9 years (No. 4 to 6 all are minor through their mother and natural guardian Smt. Nasri @ Nassi) 7. Rahim Khan D/o Sh. Bhobla Khan 8. Rehmani W/o Sh. Rahim Khan (All R/o Chandu Ki Tehsil, Alwar Police Station Sadar, Alwar, Rajasthan) ----Respondents/Claimants 9. The New India Assurance Company Limited, Branch Manager Branch Office Alwar- Insurance Company Truck No. RJ.18.GA.0330. ----Respondent/Non-Claimant No.3 10. Deep Chand S/o Shri Tejram, aged 28 years, R/o Ward No. 8, Udaipurwati, P.S. Udaipur, District Jhunjhunu - Driver Vehicle No. RJ.18.GA.0330. ----Performa Respondent/Non-Claimant No.1 For Appellant(s) : Mr. Kamal Gupta For Respondent(s) : Mr. Rahul Joshi Mr. Rahul Tiwari Mr. Ganesh Joshi, for R.9 HON'BLE MR. JUSTICE GANESH RAM MEENA Order 10/07/2025 [2025:RJ-JP:25542] (2 of 2) [CMA-319/2016] In view of the judgment passed by the Division Bench of this Court in the case of Manish Kumar Mishra Vs. Badri Bai and Ors.; D.B. Civil Misc. Appeal No. 3449/2013, decided on 12.05.2023, the appellant seeks permission to withdraw this appeal with liberty to file writ petition under Article 227 of the Constitution of India so as to assail the order impugned. In view of the prayer made by learned counsel for the appellant, this appeal is dismissed as withdrawn, with liberty as prayed. Office is directed to return the certified copy of the attached documents to the counsel for the appellant after retaining the photocopy of the same on record. (GANESH RAM MEENA),J Gaurav Srivastava/89