Rule.
Ms. Sneha Joshi, learned advocate waives service of notice for respondent No.1.
2. At the joint request of learned advocates for the parties, this application is taken up for hearing and disposed of by this order today itself.
3. This application is filed with a prayer to condone delay of 111 days and to recall / review order dated 10.08.2010 passed in Special Civil Application No.7308 of 2002 by which the trial Court was permitted to hear the suit and dispose of as expeditiously as possible, but the challenge in writ petition is to the order dated 01.08.2002 of rejecting application of the applicant herein and defendant of the suit for setting aside the order of closure of evidence, came to be rejected.
4. While issuing rule in the above writ petition on 24.12.2002, the proceedings of the suit was ordered to be remained stayed on condition that the petitioner deposits the amount of Rs.2,500/- towards probable cost of the respondent. Upon hearing the parties finally, the order dated 10.08.2004 came to be passed but no specific direction was issued to the trial Court for permitting the petitioner to lead the evidence, as prayed in Exh.123 and 126 in the above suit proceedings.
5. Considering the facts and circumstances of the case and the amount of Rs.2,500/- is already deposited with the Registry of this Court, I am inclined to review the order dated 10.08.2010 passed in Special Civil Application No.7308 of 2002 and order passed below Exh.123 and 126 in Special Civil Suit No.6 of 1989 by learned Civil Judge [S.D.], Sabarkantha is hereby quashed and set aside and consequentially directing the civil court to issue summons to the persons named by the petitioner herein.
6. This application is allowed to the aforesaid extent only with a rider that the respondent - defendant herein and defendant of the suit is permitted to withdraw Rs.2,500/- deposited by the petitioner by submitting an application before the Registry. However, the suit is of 1989 the trial Court shall dispose of the same within 4 months from the date of receipt of the order.
With the aforesaid, this application stands disposed of.
Rule is made absolute to the aforesaid extent only.
[Anant S. Dave, J.] *pvv Top