Rule.
The present Civil Application has been filed by the Applicant - Original Respondent No.9 for the prayer that the suitable direction may be issued to return the record and proceedings of Special Darkhast No.24 of 2002 to the Court of learned Civil Judge (SD), Deesa for the reasons stated in the application.
Learned Advocate Ms. Archana Acharya for the Applicant has submitted that as the R&P is lying before this Court, the other proceedings of Darkhast cannot proceed further and on the other hand, First Appeal is also not being proceeded. Therefore, she submitted that either the R&P may be returned or the First Appeal may be fixed for early hearing.
Learned Advocate Mr. J.B.Dastoor for the Respondent has no objection if the First Appeal is fixed for early hearing.
In the circumstances, the First Appeal is ordered to be fixed for final hearing on 7.2.2012.
The parties may produced the paper book, if any, on or before 7.2.2011.
Rule is made absolute to the aforesaid extent.
(Rajesh H. Shukla,J) Jayanti* Top