1. Mr.
B.P. Gupta, learned advocate appears for the petitioners, submits that the petitioners are constrained to prefer present petition because the proceedings in respect of Misc. Civil Appeal No.47 of 2007 are not being conducted or proceeded further.
2. It is the case of the petitioners that the suit being Special Civil Suit No.14 of 2006 came to be filed by the respondent No.4 before the learned Civil Judge (Senior Division), Kalol, (District : Gandhinagar). A piece of land is the subject matter of the suit. The suit land was purchased by the petitioners by registered sale deed. Subsequently, the dispute arose between the parties in respect of the suit land and in pursuance of the said dispute, respondent No.4 filed Special Civil Suit No.14 of 2006 for cancellation of the sale deed. On the other hand, the petitioners filed Special Civil Suit No.14 of 2006. During the proceedings of the said suit, the learned Civil Judge (Senior Division), Gandhinagar passed an order on 15.3.2007 below Exhibit 5, partly allowing application Exhibit 5. Being aggrieved and dissatisfied by the said order, the petitioners have preferred Misc. Civil Appeal No.47 of 2007. Mr. Gupta, learned advocate for the petitioners submits that the said appeal came to be preferred in the month of May, 2007. However, unfortunately, since then the said appeal is not heard and/or proceeded further. Therefore, the petitioners are constrained to prefer present petition.
3. Considering the grievance made by the petitioners and the submissions made by Mr. Gupta, learned advocate for the petitioners, the petitioners would make an application before the learned District Judge, Gandhinagar, requesting him to look into the matter and to take necessary administrative action and decision and would request the concerned learned Judge for early hearing and disposal of the appeal. Mr. Gupta, learned advocate states that the learned Judge may immediately look into the application, which may be made by the petitioners herein, and may take necessary steps, so as to ensure that the subject appeals are taken up for hearing at an early date without any further delay. The petitioners may make appropriate application by 7.7.2008 and it is hoped that the learned District Judge would take necessary steps as early as possible. The learned District Judge is requested to duly consider the application.
4. In view of the aforesaid observation, Mr. Gupta, learned advocate seeks permission to withdraw the petition. Permission as prayed for, is granted. This petition stands disposed of as withdrawn. Mr. Gupta, learned advocate submits that his client would make necessary application before the learned District Judge, Gandhinagar on or before 7.7.2008.
(K.M.THAKER, J.) ynvyas