JUDGMENT 1. - Only apprehension of the learned counsel for the petitioner is that the observation made in the impugned order while deciding the application filed under Section 11 read with Section 151 of CPC shall be taken to be final by the learned trial court while deciding the issue no.2 framed in the suit. 2. Learned counsel for the petitioner submits that the observations should not cause any prejudice to the case of the petitioner-defendant. The learned court should be directed accordingly. 3. In view of this situation, learned counsel for the petitioner-defendant seeks permission to withdraw the writ petition. 4. Firstly, filing of the application under Section 11 read with Section 151 of CPC by the petitioner-defendant was totally uncalled for especially when the issue no. 2 to this fact had already been framed by the learned trial court. However, since, the observation has come on record while deciding the said application, it is expected from the court that the issue no.2 should not be treated to have been decided merely on the basis of observation made in the application filed under Section 11 read with Section 151 of CPC. 5. I am sanguine that the learned trial court shall decide the issue no.2 on merits on the basis of evidence to be led by both the parties in accordance with the provisions of law. 6. Permission to withdraw the writ petition is granted. The writ petition stands dismissed as withdrawn. 7. Learned trial court, in the facts and circumstances of the case, is directed to expedite the proceedings in suit as early as possible. 8. Consequent upon the dismissal of the writ petition, the stay application does not survive and the same also stands disposed of, accordingly.Petition dismissed. *******