CMPMO 217 of 2008 4.8.2009 Present: Mr. Ajay Kumar, Advocate, for the petitioners. Mr. C. N. Singh, Advocate, for the respondent. After the matter was heard for some time the learned counsel for the parties agreed for passing of the following order: With their consent it is ordered that the impugned order dated 23.7.2003 passed by the Sub Judge, Ist Class (II), Shimla in CMA No. 175/6 of 1997 (Annexure P-2) and also order dated 27.3.2008 passed by the Additional District Judge, Shimla in Civil Misc. Appeal No. 22-S/14 of 2007 (Annexure P-4) are set aside. As a consequence civil suit No. 260/1 of 1995/98 is restored to its original number and position. The same shall be tried and decided on merits. The plaintiff undertakes to produce and examine his entire evidence at his own risk, cost and consequences on any two dates which may be fixed by the trial Court. Considering that the matter pertains to the year 1995 an endeavour shall be made by the parties to cooperate and complete the trial at the earliest. In any event, the Court shall decide the suit on merits as expeditiously as possible and preferably on or before 31st December, 2009. The record be immediately sent back with the copy of the order. Parties are directed to appear before the concerned Court on 17th August, 2009. (Sanjay Karol), Judge. August 4, 2009 (PK)