1. The present Second Appeal u/s.100 of the Code of Civil Procedure has been preferred by the appellant herein - original plaintiff to quash and set aside the impugned judgement and order dated 12/06/2006 passed by learned Presiding Officer, Fast Track Court No.6, Modasa in Civil Appeal No.53 of 2000, by which, learned Appellate Court has allowed the said appeal preferred by the respondent herein - original defendant and has quashed and set aside the judgement and decree passed by the learned Trial Court.
2. Today after the matter was heard finally for sometime and after considering the request made by learned advocates appearing on behalf of the respective parties that there is a broad consensus between learned advocates appearing on behalf of the respective parties that the impugned judgement and order passed by learned Appellate Court be quashed and set aside. Learned advocates appearing on behalf of the respective parties more particularly Mr.S.K.Patel, learned advocate appearing on behalf of the respondent herein- original defendant does not invite any further reasoned order while quashing and setting aside the judgement and order passed by learned Appellate Court and restoring judgement and decree passed by the learned Trial Court. However, he has requested that liberty may be reserved in favour of the respondent herein to approach the appellant - board for getting benefit of Amnesity Scheme dated 29/03/2012 and to make suitable observation that as and when such application is made to get benefit under the Amnesity Scheme, the same be considered in accordance with law and on merits and in view of the Amnesity Scheme dated 29/03/2012.
3. In view of the above, the present second appeal is allowed and the impugned judgement and order dated 12/06/2006 passed by learned Presiding Officer, Fast Track Court No.6, Modasa in Civil Appeal No.53 of 2000 is hereby quashed and set aside and the judgement and decree passed by learned 4th Joint Civil Judge (J.D.), Modasa in Civil Suit No.54 of 1995 is hereby restored. It is observed that it will be open for the respondent herein - original defendant to submit an appropriate application for getting benefit of Amnesity Scheme dated 29/03/2012 and as and when such application is made, the same be considered in accordance with law and on merits and in light of the Amnesity Scheme dated 29/03/2012, in case, the same is applicable to the respondent herein i.e. with respect to bill, which has been issued for theft of electricity and for which this Court has not expressed anything on merits. With this, the present second appeal is allowed. In the facts and circumstances of the case, there shall be no order as to costs.
[M.R.SHAH,J] *dipti Top