The petition is directed against an interlocutory order dated 21.06.2010 passed by the learned trial Court below Exh.331 in Regular Civil Suit No.845 of 2005. By the impugned order the learned trial Court has rejected application Exh.331 whereby the petitioner prayed, inter alia, that appropriate action, including action for breach of the interim directions by the Court and sentencing the opponents to imprisonment may be passed.
After having argued the matter for about half and hour and after commencement of order upto the above stage, learned advocate for the petitioner, at this stage, has requested for permission to withdraw the petition. She has also prayed that the learned trial Court may be directed to expedite hearing and decision in respect of Special Civil Suit No.192 of 1986.
Ordinarily, if after arguing the matter at length an advocate makes a request seeking permission to withdraw the petition, after the dictation of the order is commenced, such a request is not entertained and granted, more particularly when it is clarified, before commencing the order, that the petition deserves to be rejected. However, considering the possibility that the learned advocate for the petitioner could not appreciate the consequences and the legal position involved in the matter, the court considers it proper to refrain from passing any order rejecting the petition and/or rejecting the request for withdrawal of the petition, so that the petitioner's interest may not be affected adversely.
Though the petitioner has argued the matter at length and dictation of the order has already commenced, request of the petitioner is accepted. The petition is permitted to be withdrawn. The petition stands disposed of as withdrawn.
Having regard to the fact that the suit is pending since 1986, it is clarified that it would be open to the petitioner to make an appropriate application requesting the learned trial Court to expedite the hearing of the suit. If such a request is made by the petitioner, the learned trial Court would consider the request sympathetically in view of the fact that the suit is pending since 1986 and by taking into account its own roster and other older matters make all endavour to complete the hearing of the said suit as early as possible, preferably in nine months.
With the aforesaid clarification, the petition stands disposed of.
[K.M.THAKER, J] Bhavesh* Top