1. Heard learned advocate Mr. B.S.Patel on behalf of the petitioners and learned advocate Mr. K.R.Joshi appearing for the respondent.
2. Learned advocate Mr. Patel appearing for the petitioners submitted that as per the impugned order passed by the 5th Additional Senior Civil Judge, Bharuch, for using the way/passage, which has been granted in favour of the respondent, shall be subject to the out come of the civil suit.
3. Learned advocate Mr. Patel has submitted that another suit is also pending for the same Page 1 of 2 C/SCA/16070/2012 ORDER land before the Civil Court and appropriate application will be preferred by the present petitioners before appropriate forum for consolidating suit or for keeping both the suit in the one Court.
4. In light of this back ground, learned advocate Mr. Patel has submitted that he does not press this petition at this stage. Hence, the present petition is disposed of as not pressed. Direct service is permitted. Interim relief granted by this Court is hereby vacated.
5. However, learned Trial Court is hereby directed to dispose of the Regular Civil Suit no. 52/2008 within a period of six months from the date of receipt of the copy of this order in accordance with law and without being influenced by the order passed by both the Courts below as well as the order passed by this Court today.
(M.D.SHAH, J.) *asma Page 2 of 2