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Judgment
A.P. Lavande, J.—Heard Mr, Godinho, learned Counsel for the petitioner and Mr. Mulgaonkar, learned Counsel for the respondent.
Rule. Rule by consent of the learned Counsel for the parties heard returnable forthwith.
By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order dated 22-04-2010 passed by Civil Judge Senior Division, Mapusa in Regular Civil Suit No. 34/08/F by which an application was filed by the petitioner-defendant, seeking order to deposit the key of the locked gate has been dismissed.
Perusal of judgment and order reveals that the application has been dismissed since the application is based on the pleadings made in the written statement by the petitioner-defendant and as such there was no scope for to entertain the present application.
Mr. Godinho states that petitioner-defendant has also filed counter claim and the same was maintainable in law. Mr. Mulgaonkar has no objection if the application is considered on merit.
In view of the above, judgment and order dated 22-04-2010 is quashed and set aside. Learned trial Judge shall dispose the application dated 23-01-2010, filed by the petitioner-defendant after giving opportunity to the petitioner-defendant.
Rule is made absolute in aforesaid terms. Needless to mention, the trial Court shall dispose of the application on its own merits and I have not expressed any opinion in the merits of the rival claims.
Writ Petition stands disposed of in aforesaid terms with no order as to costs.