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Judgment
Rule. Mr. Amit C. Nanavati, learned advocate appearing for the respondent No.1 and Mr. S.M. Gohil, learned advocate appearing for the respondent No.2 waives service of rule
on behalf of respective respondents.
In pursuance of the order dated 22.2.2017, reports dated 20.3.2017 and 14.3.2017 are received from Principal Senior Civil Judge, Mahesana as well as Registrar, Principal Senior Civil Court, Mehsana. I have gone through both the reports.
I have also gone through the impugned order dated 16.7.2016 passed by learned Principal Senior Civil Judge, Mehsana. Prima facie, it appears that while passing the impugned order, the procedure prescribed under the Code of Civil Procedure, 1908 and under the provisions of Civil Manual are not properly followed. Hence, I am of the opinion that the present petition requires consideration. Hence, the petition is allowed. The impugned order dated 16.7.2016 passed by learned Principal Senior Civil Judge, Mehsana below application Exh.1 is hereby set aside. The learned Trial Court shall deal with the plaint in question afresh. Rule is made absolute to the above extent.
Registry is directed to forward the original plaint annexed along with the reports submitted today to the learned Principal Senior Civil Judge, Mehsana in a sealed cover.
It would be open for the respondents - original defendants to raise all objections available under the provisions of Code of Civil Procedure, 1908.
Ad-interim relief granted by the coordinate Bench of this Court vide order dated 19.9.2016 shall remain in existence for a period of four weeks from today.
I have not gone into the merits of the case at all and the learned Trial Court shall decide the case on its own merits without being influenced by this order or its earlier order.
It is hereby made clear that right to file execution petition by the judgment creditor is not prohibited. If within a period of four weeks from today, such an application is filed, the Executing Court shall not pass any order thereon for a period of four weeks from the date of receipt of this order.
Direct service is permitted.