1. Challenge is made in this petition to the order passed by the learned City Civil Judge in Civil Suit (CCC) No.21 of 2010 dated, 16.11.2011 whereby it denied the request of the present petitioner party-in-person, seeking direction for expeditious hearing of the suit.
2. On hearing party-in-person, Shri Harish Sundarlal Gohel and learned advocate Mr.Ishan Mihir Patel for the respondents and on examination of the record, there does not appear to be any ground made out by the petitioner to interfere with the order passed by the learned Judge in denying expeditious hearing of the suit. The Court has rightly held that the petitioner is neither a senior citizen nor any other cause is made out by him for giving priority to his matter over other pending matters.
3. At this stage, party-in-person urged the Court that learned advocate Mr. N.H.Sheth shall represent his case, if the matter is referred to the Mediation Centre and such decision shall also be binding on him. He also requested that, if 3rd person is directed to represent him while dispute is referred to the Mediation Centre, he shall not challenge such appointment. Learned advocate Mr.Sheth who chose to appear for party-in-person at this stage before this Court ensures that no criminal proceedings shall be initiated by the petitioner in the event of any failure of mediation process. He also expressed all possible co-operation for moving the trial Court for appointment of guardian as well as for the purpose of requesting reference of disputes to the Mediation Centre, City Civil Court, Ahmedabad.
4. Learned advocate Mr. Ishan Patel at this stage fairly submits that respondents would not mind extending co-operation in the event of any application being preferred for referring the dispute with the Mediation Centre considering nature of dispute. However, they would better prefer the adjudication by the competent Court considering the chequered history of this case as well as mental condition of the petitioner, more particularly apprehending criminal complaints in the event of any failure of such process as may be filed by the petitioner herein.
5. With specific oral undertaking given by learned advocate Mr. Sheth on behalf of party-in-person and statement of petitioner himself while disposing of this petition, parties are directed to approach the trial Court for preferring such an application for appointment of guardian if permissible and necessary as well as for referring the dispute to the Mediation Centre. It is expected that both the sides will co-operate in bringing an end to the dispute by way of such mediation process.
6. In the event of any difficulty, either of the parties shall approach this Court within 8 (eight) weeks of the receipt of this order. This petition stands disposed of in the above terms.
(Ms.
Sonia Gokani, J. ) sudhir Top