RABHIYABIBI Vs. ABDUL KADAR AHMAD PATEL

JUDGEMENT

(1.) RULE. Mr.Viral K. Shah, learned advocate waives the service of notice of rule on behalf of the respondents.

(2.) IN the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, present petition is taken up for final hearing today.

(3.) IN view of the above, present petition is allowed. The impugned order dtd.11/2/2011 passed by the learned 8th Additional Senior Civil Judge, Surat below Ex.57 in Special Civil Suit No. 69 of 2008 is hereby quashed and set aside and the application Ex.57 submitted by the petitioners - original plaintiffs is allowed on condition that the petitioners shall deposit a total sum of Rs.15,000/- with the Registry of this Court. It is reported that the petitioners have already deposited a sum of Rs.10,000/- with the registry of this Court pursuant to the earlier order passed by this Court dtd.9/5/2011 and therefore, now the petitioner to deposit a further sum of Rs.5000/- with the registry of this Court within a period of 10 days from today. On such deposit, the respondents shall be entitled to withdraw the aforesaid amount of Rs.15,000/-, and registry to issue the Account Payee Cheque of the said amount of Rs.15,000 in the name of the respondent No.1 and handover the same to Mr.Viral K. Shah, learned advocate appearing on behalf of the respondents, at the earliest.