SCA/13457/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 13457 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? NO 2 To be referred to the Reporter or not ? NO 3 Whether their Lordships wish to see the fair copy of the judgment ? NO 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? NO 5 Whether it is to be circulated to the civil judge ? NO ========================================================= MANUBHAI MANANLAL PRAJAPATI - Petitioner(s) Versus VITTHALBHAI KALIDAS PRAJAPATI - Respondent(s) ========================================================= Appearance : MR YS RAJPUT for Petitioner(s) : 1, NOTICE SERVED for Respondent(s) : 1, MR.BHARAT PRAJAPATI for Respondent(s) : 1, MR GAJENDRA P BAGHEL for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 23/12/2008 ORAL JUDGMENT 1. Rule. Shri Bharat Prajapati with Shri Gajendra P.Baghel, learned advocate waives service of notice of Rule on behalf of respondent. With the consent of learned advocates appearing SCA/13457/2008 2/4 JUDGMENT on behalf of the respective parties, the petition is taken up for final hearing today. 2. By way of this petition under Article 227 of the Constitution of India, petitioner-original plaintiff has prayed for an appropriate writ, order or direction, quashing and setting aside the impugned order passed by the learned City Civil Judge, Court No.8, Ahmedabad dated 4.9.2008 passed in Civil Misc. Application No.174 of 2005. 3. It appears that the Civil Suit No.972 of 1981 was dismissed for non-prosecution and therefore the petitioner- plaintiff submitted the application for restoration of suit being Civil Misc.Application No.445 of 1998 which came to be dismissed for non-prosecution on 20.12.2000 and therefore petitioner-plaintiff submitted the application Civil Misc.Application No.174 of 2005 to restore Civil Misc.Application No.445 of 1998 and the said application came to be dismissed by the learned trial court by the impugned order. 4. To-day when the matter was called out and taken up for final hearing and considering the fact that the civil suit is of the SCA/13457/2008 3/4 JUDGMENT year 1981, this Court suggested that, in stead of consuming the time in deciding the restoration application, let the suit be restored on imposing certain reasonable cost and the same would be in the larger interest of all. Learned advocate appearing on behalf of the respondent-original defendant are agreeable to the same, however, have requested that considering the fact that the civil suit is of the year 1981, the same be ordered to be expedited and be decided within the stipulated time. 5. Considering the above broad consensus between the learned advocates appearing on behalf of the respective parties and accepting the suggestion of the Court, the orders passed by the City Civil Court in Civil Misc.Application No.445/98; Civil Misc.Application No.174/05 as well as the order dismissing Civil Suit No.972 of 1981 in default are hereby quashed and set aside and Civil Suit No.972/81 is hereby restored to file on condition that petitioner shall deposit Rs.5,000/- with the trial court within a period of three weeks from today, and on such deposit the defendant be permitted to withdraw the same. If the aforesaid amount is not deposited, the suit be treated to have been dismissed for non-prosecution and the same shall not be restored. SCA/13457/2008 4/4 JUDGMENT As the suit is of the year 1981, the respective parties are directed to complete the pleadings within a period of two months from today and the learned Judge of the City Civil Court is directed to decide and dispose of the suit at the earliest but not later than 31st December, 2009, positively. All concerned are directed to co-operate the trial court in early disposal of the suit as stated above. The learned Principal Judge, City Civil Court, Ahmedabad is directed to see that the aforesaid suit which is of the year 1981 is decided and disposed of within the stipulated time as stated above and submit the report in this behalf. Rule is made absolute to the aforesaid extent. ( M.R. SHAH, J. ) syed/