1. Civil Revision Application No.137/2012 has been preferred by the applicants herein - original defendant Nos.4 to 6 to quash and set aside the impugned common order dated 03/04/2012 passed by learned 19th Additional Senior Civil Judge, Rajkot below Exh.117 in Special Civil Suit No.10 of 2006.
Civil Revision Application No.138/2012 has been preferred by the applicants herein - original defendant Nos.4 to 6 to quash and set aside the impugned common order dated 03/04/2012 passed by learned 19th Additional Senior Civil Judge, Rajkot below Exh.122 in Special Civil Suit No.10 of 2006.
Civil Revision Application No.139/2012 has been preferred by the applicants herein - original defendant Nos.4 to 6 to quash and set aside the impugned common order dated 03/04/2012 passed by learned 19th Additional Senior Civil Judge, Rajkot below Exh.125 in Special Civil Suit No.10 of 2006.
2. After the matters were argued for sometime, Mr.Sunit Shah, learned advocate for Mr.N.V.Gandhi, learned advocate appearing on behalf of the applicants seek permission to withdraw Civil Revision Application Nos.137/2012 and 139/2012 as the applicants propose to challenge the order passed below Exh.117 and 125 by way of filing writ petitions under Article 227 of the Constitution of India as against the aforesaid order the present Civil Revision Application u/s.115 of the Code of Civil Procedure is not maintainable.
Permission is accordingly granted. Civil Revision Application Nos.137/2012 and 139/2012 are dismissed as withdrawn with above liberty.
3. So far as Civil Revision Application No.138/2012 challenging the impugned order passed below Exh.122 is concerned, Mr.Sunit Shah, learned advocate for Mr.N.V.Gandhi, learned advocate appearing on behalf of the applicants seek permission to withdraw the Civil Revision Application Nos.138/2012 as the applicants propose to submit an appropriate application before learned Trial Court for closing the right of the plaintiff to lead the evidence as he is not remaining present for giving evidence.
Permission is accordingly granted. Civil Revision Application No.138/2012 is dismissed as withdrawn with above liberty. As and when such application is made, the same be considered in accordance with law and on merits, for which, this Court has not expressed anything on merits.
With these, all these Civil Revision Applications are dismissed as withdrawn as stated hereinabove.
[M.R.SHAH,J] *dipti Top