[1] Heard learned advocates for the respective parties.
[2] It is jointly submitted by learned advocates appearing for the respective parties that if the order dated 10.05.2011 passed by the learned Principal Senior Civil Judge, Ankleshwar below Exh.41 in Special Civil Suit No.176 of 2001 is quashed and set aside and if necessary direction is given to the Trial Court to dispose of the said application after giving opportunity of hearing to the other side, then, she has no objection for quashing and setting aside.
[3] Under the circumstances, order dated 10.05.2011 passed by the learned Principal Senior Civil Judge, Ankleshwar below Exh.41 in Special Civil Suit No.176 of 2001 is quashed and set aside.
[4] It is submitted by learned advocate for the appellant - original plaintiff that reply to the application Exh.41 will be placed on record on or before 29.06.2012, before Trial Court. If the respondent intend to file rejoinder to the same, then, it will be placed on record on or before 06.07.2012 before the Trial Court.
[5] Learned Principal Senior Civil Judge, Ankleshwar is directed to dispose of application Exh.41 in Special Civil Suit No.176 of 2001 after giving opportunity of hearing to both the parties on or before 13.07.2012 in accordance with law and without being influenced by the earlier order passed by the Trial Court below Exh.41 and order passed by this Court today.
[6] In view of above, Appeal from order is disposed of. No order in Civil Application and same is disposed of.
Direct service is permitted.
[M.D.Shah, J.] satish Top