(1.) Heard Mr. Mankad, learned advocate for the petitioner.
(2.) Mr. Rathod, learned advocate for the respondent whose name is reflected in the cause list as learned advocate representing the respondent, is present and he submitted that he had entered appearance for the respondent and he was representing the respondent, however, after the order dated 23.2.2011, he does not have any instructions from the respondent. He pleaded 'no instruction' despite the fact that the order dated 23.2.2011 came to be recalled vide order dated 10.9.2012 in Miscellaneous Civil Application No.2363 of 2012.
(3.) Having said thus, Mr. Rathod, learned advocate for the respondent did not make any submissions on merits. In this view of the matter, I have heard Mr. Mankad, learned advocate for the petitioner and considered his submissions.