Present Civil Revision Application under section 115 of the Code of Civil Procedure has been preferred by the petitioners - original defendants to quash and set aside the impugned order dtd.15/3/2012 passed by the learned trial court - learned 8th Additional Senior Civil Judge, Ahmedabad (Rural) at Mirzapur below Ex.26 in Special Civil Suit No. 11 of 2006, by which the learned trial court has dismissed the said application submitted by the petitioners - original defendants to reject the plaint in exercise of powers under Order 7 Rule 11(D) of the Code of Civil Procedure.
After the matter was argued for sometime, Mr.Shital Patel, learned advocate appearing on behalf of the petitioners seeks permission to withdraw the present Civil Revision Application, however has requested to pass appropriate order expediting the suit and to make suitable observations that the learned trial court to decide and dispose of the suit in accordance with law and on merits and without in any way being influenced by the impugned order passed by the learned trial court.
In view of the above, present Civil Revision Application is dismissed as withdrawn. It goes without saying that the learned trial court to decide and dispose of the suit in accordance with law and on merits and on the basis of the evidence led and without in any way being influenced by the observations made by the learned trial court in the impugned order while deciding application under Order 7 Rule 11(D) of the Code of Civil Procedure. In the facts and circumstances of he case and considering the fact that the suit is of the year 2006, hearing of the suit is hereby ordered to be expedited and the learned trial court is hereby directed to see that the suit is disposed of at the earliest and preferably on or before 31/12/2013. All the concerned are directed to cooperate the learned trial court in early disposal of the suit, as aforesaid. In the facts and circumstances of the case, there shall be no order as to costs.
[M.R.
SHAH, J.] rafik Top