1. By way of present petition under Section 115 of Code of Civil Procedure, the original defendant has challenged the order dated 7.7.2010 passed by learned Small Causes Court, Vadodara below Exh.18 in Rent Suit No.97 of 2010 which was submitted by the present petitioner requesting the Court to frame an issue as preliminary issue about the jurisdiction of the Court. The impugned order is under challenge before this Court. While entertaining this revision application, this Court on 28.7.2010 issued rule and granted interim relief by which further proceedings of the suit were stayed.
2. Learned advocates appearing for the parties state that the matter is settled between the parties and the original plaintiff has agreed to withdraw the suit filed by him claiming the tenancy right in the property. The parties have entered into settlement by agreement dated 15.12.2010 and a xerox copy of settlement signed by the learned advocates is produced on record. It is submitted by learned advocates for the parties that, as per the compromise dated 15.12.2010, both the parties have acted and the possession is handed over to the present petitioner by the respondent.
3. Mr.M.T.M.Hakim, learned advocate appearing for the respondent – original plaintiff seeks permission to withdraw the original suit in view of the settlement arrived at between the parties. Permission, as prayed for, is granted. The Rent Suit No.97 of 2010 pending before the Small Causes Court at Vadodara is treated to be withdrawn and accordingly the same is disposed of.
4. In view of the withdrawal of the suit, learned advocate Mr.Mitul Shelat appearing for the petitioner seeks permission to withdraw this revision application. Hence, the revision application is disposed of as withdrawn. Rule is discharged with no order as to costs. Interim relief granted earlier shall stand vacated.
5. The trial court is directed to draw a decree in accordance with the order passed by this Court as well as as per the settlement dated 15.12.2010 entered into between the parties.
( A.J. DESAI, J. ) syed/