JUDGMENT

Tushar Rao Gedela, J. (Oral)

[The proceeding has been conducted through Hybrid mode]

CM APPL. 24433/2023 (for exemption)

1. Exemption is allowed, subject to all just exceptions.

2. The application stands disposed of.

CM APPL. 24432/2023 (for delay in filing)

3. For the reasons stated therein, the application is allowed. The delay in filing the present petition is condoned.

4. The application stands disposed of. CM(M) 785/2023

5. Petitioner challenges the order dated 19.01.2023 passed by the learned Trial Court in CS DJ No. 980/2021 titled as "Ajay Saxena vs. Kiran Bhagwasiya and Anr." whereby an application under Order XII Rule 6 of the CPC, 1908 filed by the petitioner/plaintiff, was dismissed.

6. Learned counsel submits that the learned Trial Court had made an error in not appreciating the statements made by the respondents while applying for the anticipatory bail as also in the settlement argument, which had taken place between the parties in the mediation centre.

7. Learned counsel submits that the learned Trial Court without considering the admissions as considered under the provisions of Order XII Rule 6 of the CPC, 1908, has expanded the scope of examination of O