M.R. Shah, J.—Rule. Ms. Kruti Shah, learned Advocate wavies service of notice of admission on behalf of the respondents. With the consent of the parties, the matter is taken up for final hearing today.

2. By way of this petition under Article 227 of the Constitution of India, the petitioner-original defendant has prayed for an appropriate writ, direction and/or order quashing and setting aside order passed by the learned 4th Additional Senior Civil Judge, Valsad dated 20.09.2005 below Exhibit 89 in Regular Civil Suit No. 179 of 1995, whereby the application Exhibit 89 preferred by the original plaintiff respondent herein under the provisions of Order 18 Rule 1 and Rule 3 of the Code of Civil Procedure came to be partly allowed against the petitioner-original defendant by directing the petitioner defendant to enter the witness box first and lead the evidence.

3. Respondents are the heirs of original plaintiff Haribhai Bhimjibhai Patel who instituted Special Civil Suit No. 179 of 1995 in the Court of learned Senior Civil Judge, Valsad against the petitioner-defendant for specific performance of contract based on an agreement to sale dated 25.08.1991 with respect to the suit pro