On hearing learned advocate Mr. Trivedi for the petitioner and learned advocate Mr. Mayur Rajgur for the respondent.
Instead of dilating and deciding the question raised in the petition, with consent of both the sides the petitioner is permitted to withdraw this petition so that he may approach the Court having the jurisdiction to try the suit, which is Ahmedabad (rural).
Considering the fact that the learned advocate Mr. H.J. Mehta who was earlier pursuing the cause of the petitioner original plaintiff has unfortunately passed away at a very young age, this ground has weighed with this court in permitting the request of directing the condonation of delay while filing the suit. Resultantly, this petition is to be disposed of as withdrawn with specific direction that at the time of approaching the Court of Ahmedabad (rural) on his specified the amount of delay in preferring the suit on return of the plaint, the Court shall appropriately consider the same, keeping in view the aforementioned facts and circumstances. The petitioner herein is directed to file the suit six weeks from the date of this order.
This petition stands disposed of accordingly.
(Ms.
Sonia Gokani,J.) mary// Top