1.0 Present Second Appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant herein original plaintiff to quash and set aside the impugned judgment and decree passed by the learned trial Court learned Joint Civil Judge (J.D.), Rajkot passed in Regular Civil Suit No. 615 of 1980 as well as impugned judgment and order passed by the learned Appellate Court learned Joint District Judge, Rajkot dated 16.7.1990 passed in Regular Civil Appeal No.124 of 1983, by which, the learned Appellate Court has dismissed the said appeal preferred by the appellant hereinoriginal plaintiff confirming the judgment and decree passed by the learned trial Court dismissing the suit.
2.0 Today when the present Second Appeal is taken up for final hearing, there is a broad consensus between the learned advocates for the respective parties to dispose of the present Second Appeal as Shri Nishant Lalakiya, learned advocate for the respondent Rajkot Municipal Corporation under the instruction from concerned officer has stated at the bar that on an application made by the appellant hereinoriginal plaintiff, the Corporation will provide/ allot alternative space/ place to the original plaintiff in one of hawking zone identified by the Corporation and that on alloying the alternative space/ place in any of the hawking zone the appellant original plaintiff shall handover the peaceful and vacant possession of the suit premises to respondent Corporation.
3.0 Shri S.M. Shah, learned advocate for the appellant has submitted that as such one application was already submitted earlier in 2007 for alternative space/ place in any other hawking zone, however for whatever reason same was not considered, more particularly in view of pendency of the present Second Appeal. Therefore, it is submitted that if fresh application is to be made, some reasonable time may be granted to the appellant herein original plaintiff to submit the fresh application, which may be directed to be considered by Corporation at the earliest.
4.0 In view of the above broad consensus between the learned advocates for the respective parties recorded hereinabove and statement made by Shri Nishant Lalakiya, learned advocate for the respondent Corporation as well as stand taken by Shri Shah, learned advocate for the appellantoriginal plaintiff recorded hereinabove, present Second Appeal is disposed of by directing the appellant hereinoriginal plaintiff to submit an appropriate application to the respondent Corporation within a period of six weeks from today to provide alternative space in any of the hawking zone and as and when such an application is made the respondent corporation is directed to consider the same and provide alternative space in any of the hawking zone at the earliest and on receipt of the possession of the alternative space / place, the appellant herein original plaintiff to handover the peaceful and vacant possession of the suit cabin to the respondent Corporation immediately and / or simultaneously. With this, present Second Appeal is disposed of .
kaushik sd/ (M.R.SHAH,J.)