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Judgment
TUSHAR RAO GEDELA, J. (ORAL)
With the consent of parties, the present petition is being disposed of.
The present petition has been filed by the petitioner seeking directions to the learned Trial Court to expeditiously dispose of the application under Order 1 Rule 10 of CPC, 1908 prior to the disposal of the application under Order XII Rule 6 of the CPC, 1908 filed by the respondent no.1 against the respondent no.2.
Learned counsel submits that despite having filed the said application in the year 2020, the said application has not been decided yet by the learned Trial Court.
Mr. Goswami, learned counsel appearing on behalf of respondent no.1/plaintiff submits that the said matter has been hanging fire for a long time. It is due to the collusion of petitioner and respondent no.2, that the trial in the suit is not proceeding expeditiously.
Mr. Goswami, submits that along with the application under Order 1 Rule 10 of CPC, 1908, the applications which are pending before the learned Trial Court filed by the respondent No.1, are, one under Order XXXIX Rule 10 of CPC, 1908 and the other under Order XII Rule 6 of CPC, 1908.
The following directions are being passed with the consent of the parties:
a. The learned Trial Court shall first take up the application under Order XXXIX Rule 10 of the CPC, 1908 and decide it in accordance with law.
b. The learned Trial Court is thereafter requested to take up the application under Order 1 Rule 10 of CPC, 1908 along with the application under Order XII Rule 6 of CPC, 1908 and dispose of the same expeditiously.
It has been informed that the matter is listed on 27.03.2023 before learned Trial Court. It is also informed that learned Trial Court has substantially heard the applications.
In view of the aforesaid submissions, learned Trial Court is to comply with the aforesaid directions contained in para 5 and hear the applications in the manner prescribed in para 5 on 27.03.2023 and pass the appropriate orders soon after.
Learned counsel undertakes to inform the learned Trial Court of this order, on 27.03.2023.
Parties shall not take any adjournment whatsoever on 27.03.2023 and till such time the said applications are to be disposed of in accordance with the directions given in Para 5.
In case of any infraction of the aforesaid directions or the timelines, the present order would be deemed to have been vacated.
Accordingly, the petition is disposed of in above terms.