1. The present Special Criminal Application under Article 227 of the Constitution of India has been preferred by the petitioner-original opponent in Criminal Revision Application to quash and set aside the impugned judgment and order passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural) dated 11/12/2006 in Criminal Revision Application No. 112/2006.
2. Shri Jigar Raval, learned advocate appearing on behalf of the petitioner has submitted that as such the petitioner had already instituted Regular Civil Suit No. 84/2005 against the private respondents herein in the Court of learned Civil Judge (Senior Division), Dholka for permanent injunction and in the said suit the petitioner had submitted an application for interim injunction, Exh. 5. It is further submitted that in the said application, Exh. 5, the learned trial Court initially directed to issue notice only and thereafter the application, Exh. 5 is not heard and no final order has been passed by the learned trial Court as the private respondents-original defendants are not cooperating and/or not appearing in the matter in the said suit and in the meantime, the petitioner has been dispossessed forcibly and illegally. Shri Raval, learned advocate appearing on behalf of the petitioner therefore seeks permission to withdraw the present petition as the petitioner-original plaintiff proposes to amend the plaint as well as submit an appropriate application for mandatory interim injunction and also interim injunction restraining the private respondents-original defendants from transferring, alienating the suit property in question.
3. Shri N.D. Gohil, learned advocate appearing on behalf of the private respondents-original defendants has stated at the bar that to be best of his instruction and knowledge the private respondents-original defendants have appeared in the matter still he will see to it that they will fully cooperate with the learned trial Court in the aforesaid suit. However, he has stated at the bar that the private respondents-original defendants were in possession of the suit land in question at the time of institution of the application, Exh. 5/filing of the suit, which is disputed by Shri Raval, learned advocate appearing on behalf of the petitioner.
4. In view of the above, without further entering into the merits of the case and/or expressing anything on merits and/or observing anything with respect to the possession, the present Special Criminal Application is dismissed as withdrawn with the above liberty. As and when any application/applications are submitted by the petitioner, as recorded hereinabove, the same be considered by the learned trial Court in accordance with law and on its own merits and as expeditiously as possible. All concerned are directed to cooperate with the learned trial Court in the aforesaid pending civil proceedings. Rule is discharged. Ad-interim relief granted earlier, if any, stands vacated forthwith.
(M.R. SHAH, J.) siji