MAHESHBHAI S VADHVANI Vs. JAGDISHBHAI MANILAL BHOJANI

JUDGEMENT

(1.) Rule. Mr. Vimal M. Patel, learned Advocate waives service of notice of Rule for respondent No. 1 and Mr. S. P Maimudar, learned Advocate waives service of notice of Rule for respondent No. 2. With the consent of the learned Counsel for the respective parties, the petition is being heard and finally decided today.

(2.) As both petitions deal with common questions of law and fact, they are being heard and decided by a common judgment. For the sake of brevity, the facts of Special Civil Application No. 12185 of 2009 have been referred to. This petition, filed under Art. 227 of the Constitution of India challenges order dated 16-9-2008 passed below application at Exh. 24 and order dated 3-11-2009 passed below application at Exh. 76, both of which have been rendered by the trial Court.

(3.) At the very outset, Mr. Y. N. Oza, learned Senior Advocate appearing with Mr. Ashish B. Desai for the petitioner, has submitted that the interest of justice would be met if the Court does not go into the merits of the case, but only decides the petition with respect to the issue regarding the so-called "undertaking" that is purported to have been given by the learned Counsel for the petitioner before the trial Court, as recorded in impugned order dated 16-9-2008, and on the basis of which the impugned order dated 3-11-2009 has been passed.