By preferring this Special Civil Application, under Article 227 of the Constitution of India request is made by the petitioners, who are the original plaintiffs in Regular Civil Suit No.408 of 1993 and Special Civil Suit No.25 of 1994, to consolidate 4 civil suits i.e. (i) Regular Civil Suit No.408 of 1993(ii) Special Civil Suit No.25 of 1994 (iii) Special Civil Suit No.75 of 2006 and (iv) Special Civil Suit No.220 of 2010 pending before different Court of Ahmedabad (Rural), seeking further direction to place them all before any competent Court at Ahmedabad (Rural) on the ground of identical subject matter in all the suits. During the course of hearing, Mr. B.B.Naik, learned Senior Advocate seeks to withdraw this Special Civil Application on the ground that there is an already alternative remedy provided under Section 24 of the Code of Civil Procedure and, therefore, the petitioners would prefer to approach Principal District Judge, Ahmedabad (Rural). While permitting the petitioners to prefer such an application within 1 week and disposing of this petition, learned Principal Judge is requested to decide the same preferably within 4 weeks of making of such application.
No opinion is expressed on merits in this petition. Petitioners shall be at liberty to approach this Court in the event of any difficulty within six weeks from today. Petition is disposed of as withdrawn in above terms.
( Ms. Sonia Gokani, J. ) sudhir Top