This Intra-Court Letters Patent Appeal is preferred challenging the judgment and order dated 15.2.2011 passed by the Learned Single Judge in Special Civil Application No.14679 of 2010 whereby the Learned Single Judge dismissed the writ petition filed by the appellant – original petitioner and affirmed the order dated 16.10.2010 passed by the learned Additional Senior Civil Judge, Veraval below Exh.l2 in Special Darkhast No.10 of 2010 whereby the Executing Court had directed to place the appellant in civil prison for a period of three months as per the provisions of Order 41, Rule 3 of the Code of Civil Procedure. 2. We have heard Ms. Avani S. Mehta, learned counsel appearing for the appellant and Mr. B. S. Patel, learned counsel assisted by Mr. Sandip Patel for the respondent.
3. Learned counsel Ms. Avani S. Mehta, on instructions of the appellant, has urged that the appellant undertakes to pay the loan amount to the respondent as under:-
4. She has further submitted that an undertaking in the above terms will be filed by the appellant before this Court. She has, therefore, requested this Court to dispose of the Letters Patent Appeal in the above terms.
5. Learned counsel Mr. B.S. Patel appearing for the respondent states that in view of the peculiar facts and circumstances of the case and in view of the undertaking to be filed by the appellant, the proposal given by the appellant is accepted by the respondent.
6. In this view of the matter, nothing remains to be decided in this Letters Patent Appeal. The present Letters Patent Appeal is disposed of accordingly in view of the aforesaid undertaking given by the appellant which has been accepted by the respondent.
Ms. Avni Mehta, learned counsel appearing for the appellant has submitted that the appellant will be filing an undertaking before this Court to the above terms within 15 days from today.
Sd/-
[V. M. SAHAI, J.] Sd/-
[A. J. DESAI, J.] Savariya