Learned counsel appearing for the respective parties jointly submitted that advocates of the parties were not present when the injunction application was heard by the trial court and, therefore, if order passed below injunction application is quashed and set aside and matter is remanded to the trial court for deciding afresh after giving opportunity of hearing to respective parties, they have no objection. They further submitted that Special Civil Suit No.547 of 2008 is relating to the same subject matter and hence, it is requested that injunction application filed in the said Special Civil Suit may be directed to be heard together.
In view of the aforesaid joint submission made by learned counsel appearing for the respective parties, without entering to the merits of the matter, impugned order dated 8th March, 2011 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural) at Mirzapur below injunction application Ex.5 in Special Civil Suit No.389 of 2009 is quashed and set aside and matter is remanded to the trial court for a decision afresh on its own merits, in accordance with law, without being influenced by this order and upon affording opportunity of hearing to respective parties.
As injunction application filed in Special Civil Suit No.547 of 2008 is stated to be relating to the same subject matter, learned District Judge, Ahmedabad (Rural), will see that both the matters are placed for a decision in one Court.
With the aforesaid direction and observation, Appeal From Order and Civil Application stand disposed of. Notice is discharged. Direct service is permitted.
[M.D.SHAH,J.] radhan Top