(1.) By way of the present petition, the petitioners herein have challenged the order dtd. 28/6/2016 passed by the Additional Senior Civil Judge, Kalol below Exh.1 in Special Civil Suit No. 40 of 2015, whereby, the trial Court dismissed the Suit of the petitioners - original plaintiffs under Order-9, Rule-5 of the Code of Civil Procedure, 1908 for non-service of summons to the defendant.
(2.) Heard Mr. Viral K. Salot, learned advocate for Mr. Kunjal D. Pandya, learned advocate appearing for the petitioners and Mr. Nirav C. Sanghavi, learned advocate appearing for the respondent.
(3.) Pending the present petition, the parties have arrived at an amicable settlement, outside the Court.