Upon instructions, Mr.Mehul S.Shah, learned advocate for the petitioners has stated at the bar that both the plaintiffs in Suit No.2049 of 2000 pending in the High Court of Judicature at Bombay have expired and suit was abated, however, no steps have been taken for setting aside the abatement and for bringing legal heirs on record. In view of the above statement, now question does not arise to stay Regular Civil Suit No.37 of 2005 pending before Civil Judge (J.D.) at Sihor. Therefore, without deciding the matter on merits, order passed by the learned Principal Civil Judge, Sihor, below application Ex.19 in Regular Civil Suit No.37 of 2005 is quashed and set aside and application Ex.19 is hereby rejected. With the above observations and directions, this petition stands disposed of. Rule is discharged. In case of difficulty, either party is at liberty to approach.
Considering the fact that the suit is very old, trial court will decide as early as possible preferably within one year from the date of receipt of copy of this order on its own merits, in accordance with law and without being influenced by the order passed by the trial court as well as this order.
(M.D.SHAH, J.) radhan/