JUDGMENT

Tushar Rao Gedela, J. (Oral)

CM APPL. 51850/2022 (for exemption)

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

2. The application stands disposed of.

CM(M) 1329/2022

3. With the consent of the parties, the present petition is taken for final disposal today.

4. After arguments have been addressed by both sides, learned counsel appearing for the parties agreed that the application under Section 39 Rules 1 and 2 filed by the respondent, as well as the application filed under Section 39 Rule 4 of the CPC, 1908 by the petitioner, may be taken up for consideration together and orders thereon be passed at the earliest by the learned Trial Court.

5. In view of the above, this Court deems fit to direct the learned Trial Court to take up the aforesaid two applications filed by the parties, on 21.12.2022 and pass orders on or before 03.01.2023.

6. None of the parties will be permitted to take any adjournment on the said date on any ground whatsoever.

7. Consequent upon the hearing, the learned Trial Court is requested to pass orders as early as possible, not later than 03.01.2023.

8. The Trial Court may, if it considers fit, hear any other pending applicati